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HomeMy WebLinkAboutVAC - Houser Way N - Pacific Car/Burlington Northern • (lI ' L ' 7 . avia-a-e- /-/t-i ( le,--)-_Lc A , _ _, C zr, - L -(Z1.-(te-( (ii/Z- -- /6.-e 1 ii'',./--eizz_zzi tom"'`,, �-f�/(/,,e_., la'e . (-7erz%( ,4i Xe__,/ r I 1 ar(. (v-e l''' ,/,•:,,t' i r 647,4;&._ /,,r; PETITION TO VACATE STREET TO: THE CITY COUNCIL v444j1 �/„ CITY OF RENTON, WASHINGTON 1161 %4/ / O,1/ w , `1 016 Ca L4 Pursuant to R.C.W. 35 .79 and Renton City Ordinance No. 2349, the undersigned petitioners respectfully request the vacation of a part of a city street and would show the Council: I The petitioners herein request vacation of all that portion of Houser Way, a public street situated in the City of Renton, lying between the North right-of-way line of North 4th Street and the South right-of-way line of 8th Avenue North, as shown on the plat attached hereto as Exhibit "A" , and as more specifically described in a certain Quit Claim Deed from PACIFIC COAST R. R. CO. to the City of Renton, a copy of which is attached hereto as Exhibit "B" . • II That ten tracts of real estate abut on Houser Way within the area sought to be vacated as shown on Exhibit "A" , the ownership of which tracts is as follows : TRACT 1: Lot 36, Block 13, Car Works Addition to Renton; Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACT 2: Alley vacated to Pacific Car and Foundry Company pursuant to Renton Ordinance No. 701; Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACT 3: Lot 19, Block 13, Car Works Addition to Renton; Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACT 4: Part of the South z of Section 8, Township 23 North, Range 5 East,W.M. , acquired from Seattle Pacific Investment Company by deed dated April 17 , 1924, recorded in Volume 1236 of Deeds, page 51; Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACTS Acquired from Pacific Coast R.R. Co. by deed dated 5 and 6: June 28, 1965, recorded in Volume 4672 of Deeds, page 254. Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACT 7 : A triangular tract acquired from Burlington Norther , Inc. Owner: DIAMOND PARKING INC. TRACTS Presently owned by Burlington Northern, Inc. , sub- 8 and 9: ject to a Contract to Purchase dated August 23, 1971, in favor of Pacific Car and Foundry Company, subject to the condition that Houser Way be vacated TRACT 10: Railroad right-of-way acquired over a period of years by predecessors in interest to the present owner : BURLINGTON NORTHERN, INC. III The names and addresses of the above owners are : PACIFIC CAR AND FOUNDRY COMPANY 777 - 106th Avenue N. E. Bellevue, Washington 98004 BURLINGTON NORTHERN, INC. 800 Third Avenue Seattle, Washington 98104 DIAMOND PARKING, INC. 1312 Madison Seattle, Washington 98104 IV Petitioners further request that the Council vacate Houser WE and waive the fee which may be assessed under Section II of OrdinE ce No. 2349 for the reason that the benefits to the City accruing frc such vacation are in excess of any fee that could be assessed and for such other reasons as may be presented upon hearing of the within Petition. V The undersigned petitioners constitute more than two-thirds of the owners of said abutting property. -2- • WHEREFORE, petitioners respectfully pray that proceedings be had herein for the vacation of the area described in Paragraph as provided by law. PACIFIC CAR AND FOUNDRY COMPANY By M. E. O'Byrn Vice President BURLINGTON NORTHERN, INC. By ,4 E�� �f C. A. Eckart Vice President • -3- i r /JH3,_ The Grantor, PACIFIC COAST R. R. CO. , a Washington corporation, for and in consideration of One Dollar ($1.00) and other valuable considerations , CONVEYS and QUITCLAIMS to the • CITY OF RENTON, JASHINGTON, a municipal corporation, an easement for street, utility and related purposes upon, over and across ". the following described property situated in Renton, King County, ,Washington, to-wit: , • • A strip of land 60 feet wide over and across the NWT SE and the SWµ SEµ in Section 8 , Township 23 North, ,. Range 5 extending from the south lire of Eighth Avenue North to the north line of Fourth Avenue North, and having a width of 30 feet on each side of and measured at right angles from the following described center line: Beginning at the r.1 corner of the SE{ of said Section 8, the north line of said SEµ also being the -north line of Eighth Avenue North; thence S. 89°28' 19" E. along the north line of Eighth Avenue North a distance of 423.54 feet; thence S. 18°01234" C, a distance o£ 63.28 feet to the south line of Eighth Avenue North, the true point of beginning of this description; • : Thence continuing S. 18'01134" E. a distance of 72,26 feet to a beginning of curve; thence southerly along a uniform curve to the right having a radius of „ - 573,69 feet , through a total angle of 19°01' , a distance of 190.17 feet to the end of curve; thence S. 0°59126" W. a distance of 1621.58 feet to a beginning of curve; - --- ____ thence southwesterly along a uniform curve to the right havin§ a radius of 819.02 feet , through a total angle of 22 50' a distance of 326. 19 feet to the end of curve; thence S. 23°49125" W. a distance of 404.65 feet to a point on the north line of Fourth Avenue North which is 30 feet southeasterly, measured at right angles , from _ :=the southeasterly line of Block 13, Car Works Addition to Renton, SAVING AND RESERVING, however, unto the Grantor, its suc- cessors and assigns , the right to maintain and use two existing - railway tracks upon, over and across the above described property , •: and to construct, maintain and use- one additional track adjacent to each of said existing tracks. The rights herein reserved shall_ be exercised in a manner which will not unreasonably EXHIBIT B • • • -' interfere with the use of said lands for street, utility and , " related purposes. And the Grantor does hereby transfer and convey to. the Grantee all interest of the Grantor in and to all drainage, serer 'and N'Iater facilities and street improvements now or hereafter :-constructed or installed on the property-subject to this convey- ance, IN. WITNESS I1HEREOF, said Grantor has caused this instru- anent to be executed by its proper officers and its corporate seal to be. hereunto affixed this ,� day of , 1965. C ', PACIFIC COAST R. R. CO. President _ _ :Attest: �_ % ����s Secretary STATE OF WASHINGTON ) ). ss 'County ofKing ) s On this day of ( `i'F -, f r , 1965, before me personally appeared Clark A. Eekart and R, Paul Tjossem, to me known to be the President and Secretary, respectively, of Pacific Coast R, R, C_ o, ,' the corporation that executed the within and foregoing: instrument, and acknotuledaed the said instru- ment -to be the free and voluntary act and deed of said corpora- % tion, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. • =` UITNESS U HEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • - /i • Notary Public in an 1 fcr the ytate of Washington, residing at Seattle. • -2- — -- -- --. - ------,-----,-- -- — :- - - • . ... • - .• - • - . ••• ". , - .. • • . - - ., , • . . . . , • • • - \‘,. • " , . . .• -.•. .- .. .. - -• • . "-.-,-.1z-,:- .•* -interfere ,..7ith the use of said lands for street, utility and - .-- -, -- . • • .• -- . . --:-"- "-• -• related purposes. . , .- . ' . . ... .... . . . - -:.:7-1.:':-.4- •-•:""-- -- • And the Grantor does hereby transfer and convey to the , . _•:., ;;„-.:,;.....:1, .. .... -,.. .. ... . - • . '-'---:;•;---"---GrantPo all interest of the Grantor in and to all drainage, se,-..ler ... ... water facilities and street improvements now or hereafter .. ..%•;.:•::-;.--_-:-.- , _- . . -. . -. - . . - •_ - •-• - : • - -.1... -.• •- :-. .. - - • _ • • ,:•• - . co tructod or installed on the property subject to this convey - .:-. ..0 •-:i.:: 4.--•-• .. :,-'':... ... :t -;,,. ..1..; -:, 7 - `•:".:-.1 ',.. - .' .;.- -- :,. . . : ..• - :• . ,,.4 ...-: .-... '. _.--7:.. .-; .- ., .'. -. -mice,- •. - . --. .. - .. -. . . „.: ;-...-„, , -. :-:-.•-. : • • .-- . .. .._ -:. :. 7-•- , -: : -: ; Y:- ; •••••`• C''.' ''.••-' i• .-...;'....-=',',-,•-. ...-"." -. .- . - .- •;• ...'• . : '' •--.:'",:: ': • ..: -1;f- - - • : - • ' - -.. - . • " •.::-• ..1 . L. • . • .• • •-•`, •,-..• ••'- ' ... -1.- -.-.-- " : IN WITNESS IrriEln.70F, said Grantor has caused this. instru- -.. ...,--:--::_:: -- --- -.-•:- --, • . - - -';''',*•-:-.--.-1-itient to be executed by its proper officers and its corporate seal -1- - --to be hereunto affixed this ,. ay o cl 1965. _ ,.*:.,..-,.t.,--.1--_-_-.,,,-.-.- ; _.• : -,..-•--.. • .:--.-..: ,. ..'...' ::-, -,... .-.,--:-... :.- ..-,...-..-,.-,- • . . . . :.,,.• -,-.-* .,2•;•••:-..•• :. ,..: 7 ' !...:t.:-`..1.."'• '7..;':••••••.'1-''''.: 7...-::. :-7-i.-,••t ",.:. '• - - , ' `.:- :- ' .: ":::..:..'?..... .-.....'.... ' •• • '..r.':.:•,:.* • . . -- ..' ..-......'...,-, .;• .- •'-:, ' ... •:.,• ; .t.,•!'‘ ;.ke•y•,;.1.!••: ••••V.7.- • ...' • .•• • , ;•••-- -•,---''. .,• ' -.T:' .: - • ..;--j`• ' : .. -- • • ::: •! •*--?-- '-'•-•.- • '.• - . ':-: .1.-'''''L.' .. .. PACIFIC COAST R. R. CO. ':-.c....?....,..;-_-,-.,r-4:."..'4.• 7*---. '• - 't:'•-'. ''. '".- - "- : '.. .‘.. : - ' ; ,...../ .4.:.:••••:.:;:....f.i:2,2:---.:.'...::: 7.. -• z':•;-4':.8,-;.:..•!:-T.•- ,..- . 'I .;'- 4.:s......•:•;'..-.- , • ' LILL ''- :17..-7:- ..7.,":.f'.:::-.:.;.77-:-::-. .,:..! . •••''.- f-.7, : - .----•z..•"."" --* :--- By e2 ..- -A-.... ,E. ''C''._,<-1...4" ,..-%..,;--,,---IJ ' , .-' , President ,,----7,:::,-....,...i-„,_....-..,-.._., :;. y•.-,.• ..,.. ::. .-- .;- --..: :- --.-:- ....--:, ' : --'.---: - -.. •‘. .' ..-- " -- .. , . • ..- ,..- ;•;•--S?-:-L--,-"=!;7-S.'".i.‘"''' ..'•;•-•*; s:: -'-' .--'`• .*;-• .';'; ''. ...:4-" -..---- ' -` Attest: ,( .., •-• -r...‘..',.. . :.--"::-.%.:-•'.. f.; --.4 •2'.-:. "•z• -. ..:.• •-...s' ',. ;..:- - ,:•••••• -': i'.,:•i-,:::-...;'i. --."..?-:-1.:+e:t7.7-•?-:-...`.-7;:-.:•••:7 1.4.:•'t•-•• •:.% !...1:.1•4:......,'• :7. :. - ,.,,.:::•,:,,'-.. '. i .• • . '. ./Secr et ary -- - , >_-. -----,-..-_,,,,.;....--,-4-......------:• : • -: -- --" - - .-#::. ..,•:.- __-: - : . , • • _ . _ . • - ,, , ._ 1 :. ,. - :.. ,•:..--, ..- ...... - . --- . - ..- ,.- • - - - . _- . .ti': %' -. • '. '7 '' .'...• °-r••• . --!.•:-..• ."..: = - I. • - • :. .4 ..',•- ...- •' • i• i•4'.' :1' ..':-• -.v.- ..‘. ". r 7..- ..' '".' .- •' ."..' ' • . '''-:... :::s.• ---.• .• ' .. ' .• -. ..... . .. --‘ ..:.1 , - 7-..•.7,.1:...-.'• =...''....:9--=;:•:..::: .-" .'•':"...'s::,..; e.y- ':,•.......t. .1--:..--: --f_:.!'11'.•:':'........-. : *". .:‘ ''.. .7' '. ••:- •. L -."e - - :''' :-. -,. ,.,,.:•z. '., , :1:.:7%.:-• 7;1,:::ic.'.!:::',;...s,.";I,';‘,..a .•• ..":!: :, . -.....' '......._: :-...1-_....•_ 2. -. , ,;,.• ; .... . ,, 7. • . .:: ••" .;:,.•..: i .-.:-... 4. ,...-; •., . •,.•1,: .1-. ..I.'.7'„. -: . ,. ;'7:-.- ".. .-,7-7'.. .t.:. ,. :..:". ;.....:,.. .,., ."•-. . i:...''.- T:7;Z;t:::: 7 - ---f...'llf... '• .',•-•.•-•• -,'.. ..!, .' •'.,_.''...;.,:'_:...,;. ,'-' :1-.....,-*•.,_;g1.7.t-l•-::•,,,•:::-:•14---..., -..,: . ,:'" _. • -:',--., ..:..., ., -t.. .i ...,-.;-_.,.:... .17.1•::::•., 1...".v. ,;•,., .,•• ,.. • , +..e....:(4 ..*. t',..."--. .:.r, .::::;•.::. 7 ..„,... ,1.... : ::. 4.,:.•:t. . . . ..t: •.,,._-. :„.'7. - I.•,:, .•••!` -..-c 7 ,....:' ;-.• -••'•' : - _:, -- - :.. ... -"*'-. '"? Y-. .".• • :--"--* .. ' ' . STATE OF TTASHINGTON ) ••-: . - •.•.;-•: ,--... . : _._ -,...-.,....,• -. !..... .., • .-. ., ; . :, .. 4:;'" • •. .....: .. - _ --- . ..:..---,,..4 4.1•;-:',..-''• ... 5 i'....""t"-.. .'5'. .' . --:`,'.7 .- • . '1': t'--::COtMatV 0 K. i Ii• g ) - ..,....,-..., : .;• .--. ...-.1,- --.----- . #:7•-..4.'.1"-,..- '•". ' - -: • --"' :....:4-". .;: . tz..-4,i.'•':"'.-; : • . . "' . , • .. . . - .- , .' ,; :.z•-.., ..l'z'- -• -.--...:;.: ••I-:?, .•Y "-• .....;r: •:,'......1.-4 _ -, ,... •• '''';',..4,...;.:' •••_.-g—..-..--,-- ''.'-.'-•" '••':.' ,-.. . ;,'„ . : ..-"' - :-:.:...--.;" --!: '4 -C-..- ..."- -:':--... - --'-'-' ' •:• ••• "*.•-• --• - • '":: -'; _4, , /-• .1-1..., •••....., ./ On this day 3.- da3 ofs•- • •---1:""••• •• - 4(. 1965, before me .. • -: personally•••-'---- %*--...,"•--2. appeared Clark A. Eekart and R. Paul Tjossem, to me • =- • • .:.-4-4;:.. :1; known to be the President and Secretary, respectively, of -;.:"--4. f'14%.:.:::.• - ... - .':.....:-.C• •*-7..--.Pacific .Coast R, R. Co. , the corporation that executed the -.----- ...'.•-•- within, and foregoing instrument, and acknowledged the said instru• ... - -.".:: --.7:-.-.;-••.Ment "to be the free and voluntary act and deed of said corpora- . . •- •"''''' ''''..-`tiCr23 ,-for the uses and purposes theein mentioned, and on oath -- '-'-statd that they were authorized to execute said ins4-t. .....um_e, nt, and '-'-':',-.:-•• - '" that the seal affixed is the corporate seal of said corporation. . . •.-.:.•;,-_,• ---., -. . -‘ . .. i.-.-1---1,:---:i:.: :-••,_: -.. •' ' _ -_ -----.--'''?:-.'• -- -• IN WITNESS ITHERT.'...0F, I have hereunto set my hand and affixed my official seal the day and year first above written. ., . -'--:.- - :.;;.;:7- -.--,.•:.. :.-.: ... .. • -- . •::'•-.-.. --. : • '... -•.-,.• : •:•• :-...-.? • '. --....c . .......- :::,.:: . rs1 .. -0, ...• -• '• .. . ..,D -.../ -.i.;-_ •••::::;.,= -: „ ' • ;:,.; '.7 .;.:?• '''.: ' 7'. ' • ''. ' ".-..--.•: •:: ".• :-Y . -' :-..: — •-' . ' ," ••• • -1 ) . /1 •- - • - --- - , ., -- ,.- ,..,. • ,. ::., ..,;•••• .:.,--... . ..: : -..-:„..-•.'•. ••••. ..-••,.' . ..r.-...*'*:- . -/....+- 4,. ., , .-#. ,,./ ,' l ."\ . . •. /,,. / . •,./:4. C 17.1.: ,::.?. .:.- 1...' -........ . .:.: ....;....i . :: .•.. -; •• . •l'• .."..,. Ndtary Public in and for the 'tatc• .... - "-,".•* '!';'-f",.. ..? ..'.! :***--..' •:• ',-•i• .,'.4 . • . ' -•:. 4:-."• - -• of 11-,shinton, residing at Seattle. . • .. . . . .• " . - • • . - -. . - • • . . . . . • .• . -• • . - • • • -2- -• _ , - - • . .- - • , . - . - - . . . . . , • BEFORE THE INTERSTATE CO1mMERCE COMMISSION 0001:1;11 IN THE MATTER OF THE APPLICATION OF nURLINGTON NORTHERN INC. FOR CERTIrIcATE OF PUBLIC CONVENIENCE AND NECESSITY AUTHORIZING THE ARMDONNENI OF THE PORTION OF ITS BRANCH LINE OF RAILROAD BETWEEN MILEPOST 0+2827 AND MILEPOST 3+1807 IN THE CITY OF RENTOI'4 , COUNTY OF KING , STATE OF WASHINGTON APPLICATION FOR ABANDONMENT GERARD M. SHELLAN of SR1 LLAN, '0AI`T . S"^ONt wAU$ON Renton, Weshinc*ton December 1,5, 1'371 City Attorney for City of Penton V A , V • ill BEFORE THE INTERSTATE COMMERCE COMMISSION 1 TN Tim :MATTER OF THE APPLICATION OF BURLINGTON NORTHERN INC. FOR CERTIFICATE OF PUBLIC CONVENIE'';CE AND NECESSITY AUTHORIZING THE ABANDONMENT OF THE PORTION OF ITS BRANCH LINE OF RAILROAD BETWEEN MILEPOST 0+2827 AND MILEPOST 3+1607 IN THE CITY OF RENTON, COUNTY OF KING , STATE OF WASHINGTON APPLICATION FOR ABANDONMENT Comes now the CITY OF RENTON , a municipal corporation operating under the Optional Municipal Code of the State of 41 Washington and herewith joins in the application of BURLINGTON ' NORTHERN, INC. for the abandonment and removal of portion of 11 its branch line of railroad , all located within the City of Renton, County of Kin7, State of Washin?tnn , as set forth in the Railroad' s Petition. It is the understanoinc, of the CITY that no one other II than the Railroad labor organization has responded to the Railroad ' s petition for such abandonment . The City of Renton hereby urges that prompt and timely action be taken by the Interstate Commerce Commission issuinr it order authorizing the petitioned abandonment inasmuch as the CIa is greatly interested in haVin7 the trackage removed at the earliest possible date. This for the reason , among others , to,t : : (a) The City of Renton is presently engaged in a redevelopment project of its central business district which includes Burnett Avenue between Houser Way and North 2nd Street ; the subject railroad tracks run north and south on Burnett Avenue and in order to implement said redevelopment project, said trackage must be removed. Bids are presently prepared for construction work: to begin during; the next sixty (f l) days . (b) The City has heretofore invited bids for the improvement of 'i. 6th Street from Logan Avenue to Garden Avenue and in order to make such improvements , such railroad 'tracks must likewise be removed. (c) As soon as the Commission has issued its order authorizing such aha:idon:.ient , presently existing plans provide for the relocation of the railroad signals now stationed along the trackage sought to he abandoned , and to place said railroad signal system along other hazardous grade crossings that at the present time are without such signals . This action is highly necessary in order to provide proper traffic and pedestrian safety; within other areas of the City with railroad trackage not affected by the "Application for Abandonment" . P 40 (ci) The central business or core area of the City of Renton has suffered adverse economic effects during the last few years and it is therefore extremely vital and necessary to implement redevelopment plans for the improvement of the downtown business climate and its activities . Any further delay would result in further hardship to the community as a. whole . In summary , the City of Renton requests your early attention to the matter for tie reasons above stated, to provide civic improvement which would include ?reater safety for unhampered vehicular and pedestrian flow of traffic . Dated this 15th day of December, 1971. Respectfully submitted CITY OF RrtiTON Av C:erard M . Shelian City Attorney f . , • • RESOLUTION NO. 22_23 WHEREAS a Petition has been filed with the City Clerk of t City of Renton on or about November 11, 1971 , petitioning for the vac is of a portion of a certain street as hereinafter more particularly des it and said petition having been signed by the owners of more than two-t rc of the property owners abutting upon said portion of street sought to e vacated, same being described as follows , to-wit: That portion of Houser Way lying between the ;forth right of way line of North 4th Street and the South right of way line of 8th Avenue North, as shown on the plat attached hereto as Exhibit "A' NOW THEREFORE, BE IT RESOLVY i) BY THE MAYOR AND THE CITY COT ] OF THE CITY OF RENTON , WASHINGTON , AS FOLLOWS : SEC ZTOM I : That the 20r# day of December, 1371 , at the ; iz of 3 : 00 P.M. at the City Council Cnambers in the City Hall, Renton , Washington, be and is hereby fixed as the time and place when the afoi Petition for vacating the aforesaid portion of street shall be heard ar determined. SECTION II : The City Clerk is hereby authorized and direc :c to give notice of said time and hearing as provided by law, and any ar all persons interested therein or objecting to said vacation may then appear and be heard thereon, or they may file their written objections thereto with the City Clerk prior to or at the time of the hearing on said vacation. The City Council shall determine , at or prior to any public hearing as to whether an appraisal shall be secured to determiti-1 as provided for in Ordinance No . 2349 the fair market value of the property sought to he vacated/or waive tt: same; and the City further reserves the right to retain an easement fc public utilities and related Durposes within the street right of way ' sought to be vacated. . . . PASSED BY THE CITY COUNCIL this IS4 day of November, 3 L Helre els*on, City C1er7 APPROVED BY THE MAYOR this /6'4 day of November, 1971 . — Avelffari,et , '4ayor — Approved ac to form: Cce-fitr . e ai , ity ttorriiy 411t. , • • RENTON CITY COUNCIL REGULAR MEETING November 15, 1971 Municipal Building 8:00 P.M. Council Chambers MINUTES FLAG SALUTE AND Mayor Avery Garrett led the Pledge of Allegiance CALL TO ORDER and called the meeting of the Renton City Council to order. ROLL CALL OF GRANT, Pres . BRUCE, CLYMER, PERRY, DELAURENTI, COUNCIL MEMBERS STREDICKE AND SCHELLERT . CITY OFFICIALS AVERY GARRETT, Mayor , HELMIE NELSON, City Clerk IN ATTENDANCE DOROTHEA GOSSETT, City Treasurer, G . M. SHELLAN, City Attorney , FRANK HENRY, Acting Police Chief JACK WILSON, City Engineer , GORDON ERICKSEN, Planning Director , VIC TE GANTVOORT, Street Com- missioner , VERN CHURCH, Purchasing Director , M.C. WALLS, Fire Chief, DEL BENNETT, Public Works Adm. and BERNARD RUPPERT, Building Director . MINUTE APPROVAL MOVED BY GRANT, SECONDED BY BRUCE, TO APPROVE THI 11/8/71 Meeting MINUTES OF THE PREVIOUS MEETING OF NOVEMBER 8 , l 1 AS PREPARED AND MAILED OUT . THE MOTION CARRIED. VOUCHER APPROVAL Finance Committee Chairman Schellert reported Nos. 4615-5053 committee approval of Vouchers Nos . 4615 through 5053 which ad received department certification as to receipt of services and/or merchandise , it being recommended that Council approve same for payment . MOVED BY SCHELLERT, SECONDED BY GRANT, TO CONCUR AND THAT WARRANTS BE DRAWN FOR PAYMENT .. THE MOTION CARRIED. ORDINANCES AND RESOLUTIONS ORDINANCE NO. 2676 Legislation Committee Chairman Perry submitted Rezone-Highlands Ordinance which was read changing the classifica Convalescent Center tion of certain property with the City from G-72, property in the to R-3 , said area owned by the Highlands Convale. e Highlands , G-7200 Center and located on the East side of Edmonds A . to R-3 zoning N.E. between Sunset Blvd. NE and NE 12th Street , future expansion of ;the facility anticipated . MOVED BY SCHELLERT, SECONDED BY DELAURENTI, TO AUTHORIZE SECOND AND FINAL READINGS. CARRIED . THE DOCUMENT WAS READ. MOVED BY SCHELLERT, AND SECONDED BY GRANT, TO ADOPT ORDINANCE NO. 2676 A I ROLL CALL VOTE WAS UNANIMOUSLY AFFIRMATIVE ADOPT ( THE ORDINANCE. ORDINANCE NO. 2677 Ordinance was read establishing and creating the Creating Office and position of "Personnel Director" ; specifying dut Duties of Personnel responsibilities and qualifications; providing f Director the appointment of Director thereof and repealin any and all ordinances in conflict herewith . MOV BY DELAURENTI, SECONDED BY BRUCE, TO ADOPT THE ORDINANCE AS READ. ROLL CALL VOTE RESULTED IN A AYES . THE MOTION CARRIED ADOPTING THE ORDINANCE UNANIMOUSLY. Petition for the Prior to submitting legislation ,reading of lette vacation of portion petitioning for vacation of portion of Houser Wa of Houser Way So . was requested by the Legislation Committee Chai Petition was read filed by property owners Pacif Car and Foundry Co . , Burlington Northern , Inc. , Diamond Parking, Inc. , $100. 00 filing fee having been paid herewith. Report of City Engineer Wil noted the petition to be signed by owners repre- senting 95. 6% of total frontage upon said street which percentage exceeds minimum of 67% and the petition therefore being a valid one. MOVED BY SCHELLERT, SECONDED BY DELAURENTI, TO REFER THE PETITION AND REPORT TO THE LEGISLATION COMMITTEE THE MOTION CARRIED. MINUTES - RENTON CITY COUNCIL MEETING 11/15/71 • Page 2. .RESOLUTIONS (Cont . ) RESOLUTION NO. 1773 Petition for the Resolution was submitted by the Legislation Committee fixing December 20, at 8 :00 p.m . ,in vacation of portion the Council Chambers ,as the time and place for of Houser Way So . public hearing on the petition for vacation of portion of Houser Way South , between North 4th Street and North 8th Street as filed by Pacific Car and Foundry Co . , Burlington Northern and Diamond Parking, Inc. The Resolution was read . MOVED BY DELAURENTI, SECONDED BY SCHELLERT, TO ADOPT THE LEGISLATION AS READ . THE MOTION CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Petition for Sanitary Jack Wilson,City Engineer, reported receipt of Sewer L.I.D. along letters and petitions from owners representing Lake Washington in 52% of frontage and 63% of area within proposed Kennydale area and LID NO. 270 , requesting Sanitary Sewer installa- Engineer 's Report tion along Lake Washington in the Kennydale area , which percentages constitute a valid petition . Since the LID would provide matching funds for an approved H.U.D . Public Facilities Grant , early initiation was desired and it was recommended that Resolution be passed creating L. I.D. 270 with method of financing such LID referred to the Finance Committee for recommendation . MOVED BY SCHELLERT, SECONDED BY BRUCE, TO REFER THE MATTER TO THE PUBLIC WORKS COMMITTEE FOR REPORT. THE MOTION CARRIED. School Dist . 403 Letter from Mr . Shelby Bewley , Supt. of Schools , request for the Renton School Dist . 403 , requested vacation by vacation of 10 ' the city of existing 10 ' utility easement on utility easement , site of present Vocational Technical Institute Recorded per Campus , a new building to be constructed and Aud. File 541648 , easement restricting location . MOVED BY CLYMER Records of King Co. SECONDED BY SCHELLERT, TO REFER THE REQUEST TO THE PUBLIC WORKS COMMITTEE FOR REPORT BACK. THE MOTION CARRIED. Housing Authority Letter from Mrs . Tillie Cole , Executive Director, request to apply Housing Authority of the City of Renton , requested for 200 leased units approval by the City, through passage of Resolution, and 100 unit turnkey for additional housing program . The Housing Author- project for elderly ity desires to file application for 200 units of leased housing and to re-submit an application for a 100 unit turnkey project for the elderly, no funds being available for 50 uni.hs filed for last June but to be available in the next fiscal year ,1972, per Mr . Lynn Stowell , Program Manager Seattle HUD Office . MOVED BY SCHELLERT, SECONDED BY CLYMER , TO REFER THE REQUEST TO THE COMMITTEE OF THE WHOLE . CARRIED. Final 'Payment , Letter from City Engineer Wilson recommended final CAG. 1733t70, payment of $1 ,009. 12 due Frost Construction Co . , Edmonds N.E. and Contractor on Edmonds Ave . N.E. , N.E. 27th and Vic. Project Kennewick P1 . N.E. CAG . 1733-70 , completed on 8/4/71 . Acceptance by Council was recommended and commencement of the 30 day lien period with release of retained amount of $41 ,281 . 78 thereafter if no liens or claims are filed and upon proof of payment of all tax liabilities . MOVED BY CLYMER , SECONDED BY BRUCE, TO CONCUR. THE MOTION CARRIED. Renton Downtown Letter from the Merchants ' Ass 'n . requested to be Merchants ' Ass 'n . heard concerning request for utilization of the Bur- request for more lington Northern railroad track area on Burnett parking during Street for parking during the holiday shopping holidays season . MOVED BY CLYMER , SECONDED BY PERRY, TO ALLOW REMARKS FROM THE MERCHANT 'S COMMITTEE AT THIS TIME . Carried . Mr. Donald Carlock, Pres . of the Ass 'n . , inquired if the subject area might be filled with temporary material for utilizationas additional parking area . S March 10 , 1972 orappl>. �! �,✓ /, 2. PACCAR, Inc. P. 0. box 1518 Bellevue, Washington 98009 Attn: Mr. Richard D. Everett, Assistant Counsel Dear Sir: We are enclosing herewith Ordinance No. 2687 , Street Vacation of Houser Way between 4th and 6th Streets. This is a certified copy of the recorded document and trust it meets with your approval. Very truly yours , CITY OF RENTON Helmie W. Nelson City Clerk HWN/m Enc. Form cific r Car ndry Company PACC'IR Inc Business Center Building P.O. Box 1518 Bellevue,Washington 98009 Telephone 206 455-0520 March 8, 1972 Mrs. Helme Nelson City Clerk City Hall Renton, WA 98055 Dear Mrs. Nelson: Re: Vacation of Houser Way You will recall that earlier this year on the joint petition of Burlington Northern Inc . and Pacific Car and Foundry Company, a portion of Houser Way was vacated between 4th and 6th Streets. It was my understanding that we would automatically receive a certified copy of the vacation ordinance after its final approval and pub- lication. I would appreciate your sending me a certified copy, and if there is any charge, I will be glad to for- ward our check. Thank you in advance for your cooperation. Very truly yours, ��RJ► Richard D. Everett Assistant Counsel RDE: jw 4oF U 4% CIO O Z, OFFICE OF THE CITY CLERK • RENTON, WASHINGT0N � � O � 4 RENTON MUNICIPAL BUILDING, RENTON, WASHINGTON 98055 BA 8-331i SA�RT CANT Ak-of Olt January 10 , 1972 King County rnmm_ s____$ 402 King County Court House Seattle , Washington 98104 Attention: Mr. Ralph R. Stender, Deputy Dear Sir: Enclosed is a certified copy of Ordinance No. 2687 vacating a certain portion of city street or alley-way within the City of Renton, as adopted and passed on Very truly yours, CITY OF RENTON Helmie W. Nelson City Clerk HWN/ Enclosure (1) January 10 , 1972 King County Engineer County-City Building Seattle, Washington Dear Sir: Enclosed is a certified copy of Ordinance No. 2687 vacating a certain portion of city street or alley- way within the City of Renton, as adopted and passed on Very truly yours, CITY OF RENTON Helmie W. Nelson City Clerk HWN/smm Enclosures '''4(''%-'tg, od% RentouT t; .a ,W A 5 M I N G T O N the Jet Transport Capital of the World r ,A • OFFICE OF CITY CLERK xy x, a ,j''----A>Z& _- . Y(t -r//ttr; V ,,,.t/ Renton, Washington Date January 10, 1972 Mr , 141 King County Assessor County-City Building Seattle, Washington Dear Sir: Enclosed is a certified copy of Ordinance No687 vacating a certain portion of city street or alley-way within the City of Renton, as adopted and passed on Very truly yours, CITY CIF RENTON -- ,Z.1,,,,,, , _I 24,e4t• ,J Helmie W. Nelson City Clerk HWN/ap Enclosure (1) 7 (--- ,,,,, ,.,.., ..„.,,,,, . , , , 4 .. ' ,W A S M•N G T O N the Jet Transport Capital of the World 1 „ ' OFFICE OF CITY CLERK c71."--7_,14) --- p,„,t6,..., - il.,,...-_,_, a/e----i_ Renton, Washington Date January 10 , 1972 Washington Survey and Rating Bureau New World Life Building Seattle, Washington Gentlemen: Enclosed is a certified copy of Ordinance No. 2 687 vacating a certain portion of city street or alley-way within the City of Renton, as adopted and passed on Very truly yours, CITY OF RENTGN - 2-4t- -. /2/Ive,-, Helmie W. Nelson City Clerk HWN/ap Enclosure (i) MOW RENTON CITY COUNCIL REGULAR MEETING January 3 , 1972 Municipal Building 4 :30 P.M. Council Chambers MINUTES FLAG SALUTE AND Mayor Garrett led the Pledge of Allegiance and CALL TO ORDER called the meeting of the Renton City Council to order. ROLL CALL OF BRUCE, CLYMER, STREDICKE, PERRY, DELAURENTI AND COUNCIL MEMBERS SCHELLERT. GRANT ARRIVED LATER AS INDICATED. CITY OFFICIALS AVERY GARRETT, Mayor, HELMIE NELSON, City Clerk, IN ATTENDANCE DOROTHEA GOSSETT, City Treasurer, G. M. SHELLAN, City Attorney , JACK WILSON, Engineering Director, GORDON ERICKSEN, Planning Director, DEL BENNETT, Public Works Adm, , TED BENNETT, Acting Finance Director , VIC TE GANTVOORT, Street Commissioner, GENE COULON, Park Director, FRANK HENRY, Acting Police Chief, M. C. WALLS, Fire Chief, VERN CHURCH, Purchasing Director and BERNARD RUPPERT, Building Director. MINUTE APPROVAL MOVED BY BRUCE, SECONDED BY SCHELLERT, TO APPROVE 12/27/71 Meeting THE MINUTES OF THE PREVIOUS MEETING OF 12/27/71 AS PREPARED AND MAILED OUT. THE MOTION CARRIED. Councilman Grant arrived at the meeting. VOUCHER APPROVAL Finance Committee Chairman Schellert reported No. 5556-5557 and committee approval of Vouchers No. 5556 and 5557 LID 273 Cash and in sum of $5 ,000. 00 and LID 273 Cash and Revenue Revenue Nos . 2 Vouchers Nos . 2 in amount of $232 . 50 each, all having received departmental certification as to receipt of merchandise and/or services . MOVED BY SCHELLERT, SECONDED BY DELAURENTI, TO CONCUR IN THE REPORT AND APPROVE THE VOUCHERS FOR PAYMENT AS RECOMMENDED. THE MOTION CARRIED. ORDINANCES AND Legislation Committee Chairman Perry submitted RESOLUTIONS proposed Ordinance vacating a certain portion of Houser Way North to petitioners Pacific Car and Proposed Vacation Foundry Company and Burlington Northern , Inc. , of Portion of jointly , and reported request for protest remarks Houser Way North by Diamond Parking, Inc. representative. Letter from Mr. Josef Diamond was read protesting the vacation and resulting loss of access to the Diamond Parking property ,felt to be depreciating to the value of said 1ot and conferring special privilege to certain businesses and not for public benefit. Meeting procedures were questioned, pursuar a of legal action indicated in event the City should continue, it being requested that the matter be set over for public hearing. Attorney Edwin J. Snook from the law office of Lycette , Diamond & Sylvester enlarged on the protest noting Houser Way to be serving as a north-south arterial with substantial traffic1to serve only private interest if vacated an detrimental to Diamond Parking Inc. , if effected. Council was requested to consider factor of just compensation due third party involved and prejuducia effect upon the party if otherwise vacated. Discussion ensued it being pointed out by City Attorney Shellan the open meeting law does not apply to committee meetings where less than a majority of members are present but that meetings were all open , and held in city hall and the public hearing on this subject had been posted and publishe and the Mayor had inquired if representatives were present to speak. City Clerk Nelson reported that all parties had been sent notices of the hearing by mail as appearing on the vacation petition, includin, Diamond Parking, Inc. The City Attorney recalled to volume of count in traffic study testimob y and cited AMP MINUTES - RErTON CITY COUNCIL MEETING 1/3/72 Page 2. ORDINANCES AND RESOLUTIONS (Cont. ) Vacation of Portion statutes as concerned private interests, it of Houser Way South being confirmed that removal of the railroad tracks is of definite public interest and safety, and loss of one access point is not felt to be of any substantial damage to the other business properties . In further discussion it was noted that no other businesses had objected and in review of testimony from the public hearing it was felt the city had not acted arbitrarily nor without proper and legal notification in its proceedings . Substantial abutting owners in favor and absence of any protest resulting in affirmative council action . Proposed O dinance vacating portion of Houser Way North w g read. ORDINANCE 2: 87 MOVED BY PERRY, SECONDED BY SCHELLERT, TO Vacating certain PLACE THE PROPOSED ORDINANCE ON ITS SE OND portion of Houser READING. CARRIED. The Ordinance was r ad. Way North MOVED BY STREDICKE, SECONDED BY SCHELLERT, TO AUTHORIZE THE FINAL READING . CARRIED. The Ordinance was read. MOVED BY STREDICKE SECONDED BY BRUCE, TO ADOPT THE ORDINANCE AS READ. MOTION CARRIED BY UNANIMOUS AFFIRMA- TIVE ROLL CALL VOTE. ORDINANCE NO. 2687 WAS ADOPTED. ORDINANCE 2688 Ordinance was read changing the zoning classifica- Rezone of Jay H. tion of certain properties within the City from Miller property ,SW General Classification District (G) to Light 16th Avenue Industry District (L-1) , located at 1800 S. W. 16th G to L-1 ,R 675-71 Street , owned by Mr. Jay H. Miller. MOVED BY STREDICKE, SECONDED BY DELAURENTI, TO AUTHORIZE SECOND AND FINAL READINGS. CARRIED. The document was read . MOVED BY STREDICKE, SECONDED BY DELAU- RENTI, TO ADOPT ORDINANCE No . 2688 AS READ. ROLL CALL VOTE RESULTED IN UNANIMOUS AYES. MOTION CARRIED ADOPTING THE ORDINANCE. RESOLUTION The Legislation Committee Chairman submitted REVISING NE proposed Resolution to amend boundaries of NE ANNEXATION ' REA area annexation and reported transmittal without BOUNDARIES recommendation as concerns community councils . The Resolution was read. MOVED BY STREDICKE, SECONDED BY DELAURENTI, TO ADOPT THE RESOLUTION AS READ. Discussion ensued concerning effect of adoption on status of community councils , it being noted that amendment if timely could effect the number of community councils desired however boundaries would need to be established. After several proposed actions it was MOVED BY STREDICKE, SECONDED BY SCHELLERT, TO REFER THE SUBJECT OF THE PRIOR MOTION TO THE COMMUNITY SERVICES COMMITTEE FOR RECOMMENDATION AS TO ASPECT OF COMMUNITY COUNCILS. CARRIED. RESOLUTION 1778 Resolution was read authorizing appropriation Appropriating of $40 ,000. 00 for transfer unto Health Department $40 ,000. 00 from Budgetary Account to fund professional services Contingency- Fund rendered by the King County Health Department per for Health Dep ' t . CAG 1763A-71 . MOVED BY SCHELLERT, SECONDED BY Services , 1971 BRUCE , TO ADOPT THE RESOLUTION AS READ. MOTION Budget Allocation CARRIED. Perry requested no vote to be recorded. Stredicke requested no vote recorded, both object- ing to the payment . CORRESPONDENCE AND Letter from Hon . John D. Spellman , King County CURRENT BUSINESS Executive , transmitted proposed Resolution calling for federal revenue sharing urging that the City Federal Revenue go on record supporting same by adopting and Sharing Request forwarding legislation to the Congressional dele- By John D. gation in Wn , D. C. MOVED BY STREDICKE, SECONDED Spellman, Chrmn . , BY DELAURENTI, TO CONCUR WITH REFERRAL TO THE Citizens Committee LEGISLATION COMMITTEE. THE MOTION CARRIED. w • 4,,.E (t' 7_ ORDINANCE NO . 62e, Y/7 AN ORDINANCE OF THE CITY OF RENTON , WASHINGTON , VACATING A CERTAIN PORTIONOF HOJSER WAY AS HEREINBELOW DESCRIBED , IN THE CITY OF RENTON , KING COUNTY , WASHINGTON . 0 WHEREAS a proper petition for vacating a certain portion o street hereinafter more particularly described was duly filed with e City Clerk on or about November 11 , 1971 and said petition has been signed by the owners of more than two-thirds of the property abutti 0 upon such portion of street sought to be vacated ; and 0 WHEREAS the City Council by Resolution No . / 7 7 3 passed d V( approved on November 15 , 1971 , and after due investigation did fix and determine the 20th day of December , 1971 at the hour of 8 : 00 P . ' in the City Council chambers of the City of Renton to be the time al place for public hearing thereon ; and the City Clerk having given dl notice of said hearing in the manner provided by law including post: g and publishing thereof, and all persons having been heard appearing in favor of or oppostion thereto ; and WHEREAS Petitioner at said public hearing aforesaid request i to amend said petition so as to delete a portion of right of way sot it to be vacated and said petition for amendment having been duly cons; gyred by the City Council and granted, and the City Council further findir that said vacation request , as amended , as hereinafter more partici_ irly described is in the public interest and for the public benefit and r injury or damage to any person or property will result therefrom anc no party will suffer any special damages by reason of such vacation , NOW THEREFORE , THE CITY COUNCIL OF THE CITY OF RENTON DO OI SIN AS FOLLOWS : SECTION I : The following described portion of Houser Way , to-wit : EIHIBIT A - Attached -1- .. w BE AND THE SAME IS HEREBY VACATED subject , however , to retention by the City of Renton of a sixty (60 ) foot easement for utility and rela d purposes including existing water and sewer lines and any replacement or substitution therefor and further subject to reversion unto the City of Renton of the above described street right of way so vacated Qin the event of non-use or abandonment by Petitioner-owners or the ill sale thereof by Petitioner-owners to third parties of the parcel lyii O east of Houser Way as a separate parcel and not as part of the Pacif 0\ Car and Foundry Company ' s Renton Division Plant site and upon the happening of any such contingency , the above described portion of right of way herein vacated shall thereupon , and without further act n ' 6 or deed , revert unto the City of Renton , a municipal corporation. SECTION II : This Ordinance shall be effective upon its passage approval and five days after its publication , unless otherwise provi d for hereinabove . A certified copy of this Ordinance shall be filed with the King County Director of Records and Elections at the expense of Petitioner-owners and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 3rd day of January ,1972 . - /fite-47-L- --e-)) L1/L) Helmie Nelson , City Clerk APPROVED BY THE :MAYOR this 3rd day of January , 1972 . �-- / (/. /"- ery Garrett , ayor Appro d as to for • .)11, A? / Gerard M. Shellan, City Attorney JINN ei 1972 Date of Publication : -2- INDEMNIFICATION AGREEMENT WHEREAS , Pacific Car and Foundry Company, (herein called "PC: ) jointly with Burlington Northern, Inc . , (herein called "BN" ) peti tioned the City of Renton (herein called "City" ) to vacate a port n of Houser Way, a public street within the City of Renton from the intersection of Houser Way and North 4th Street , north to the southerly right-of-way line of BN, approximately 132 .42 feet sout of the intersection of Houser Way and 8th Avenue North; and WHEREAS , said petition came on for hearing pursuant to notic( on December 20, 1971 and was granted by the City Council subject to the condition that PCF agree to indemnify and save the City harmless from all claims arising by reason of such vacation ; NOW, THEREFORE, in consideration of the vacation of Houser Way as requested in the petition (as amended) , PCF hereby agrees to indemnify, defend and save the City harmless from all claims or demands arising out of such vacation of Houser Way by whomso- ever asserted. IN WITNESS WHEREOF, This Indemnification Agreement has been executed by PCF this 28th day of December, 1971 . PACIFIC CAR AND FOUNDRY COMPANY By (SEAL) B . C. J�Sueson, Senior Vice Presid, t ATTEST: W. H. Scudder, Secretary % 1;2l1 EXHIBIT A - Ordinance No. O / LEGAL DESCRIPTION Jl HOUSER WAY NORTH STREET VACATION CI •�/ All that portion of Houser Way North within the southeast one-quarter of O Section 8, Township 23 North , Range 5 East ; W. M. lying between the easterly production of the northerly margin of North 4th Street and southerly of the following described line : Beginning at the intersection of the center line of Houser Way North with the easterly nroduction of the southerly margin of North 8th Street ; thence Q south 18 01 ' 34 East alona said center line a distance of 72.26 feet to the point of a curve to the right with a radius of 573.69 feet; thence continuing southeasterly along the arc of a curve to the right, radius 573.69 feet , an 0 ars lenath of 190. 171 feet to the point of tangency of said curve ; thence Nor 89 00' 54" West a distance of 30 feet to the westerly margin of Houser Way North ; thence northerly along the westerly margin of Houser Way North a distar of 1 .26 feet to a point on the arc of a curve to the right, radius 691 . 78 fee an arc distance of 102 . 18 feet easterly from the beginning of said curve, th(. true point of beginning of said line; thence continuing southeasterly along the arc of said curve a distance of 77 . 94 feet to the easterly margin of saic Houser Way North, the termination of said line. • • LAW OFFICES LYCETTE, DIAMOND 6c SYLVESTER JOHN P.LYCETTE (1965) FOURTH FLOOR HOGE BUILDING JOSEF DIAMOND JOHN N.SYLVESTER SEATTLE 98104 EARLE W.ZINN (AREA 206) MAIN 3-1330 LYLE L.IVERSEN HERMAN HOWE JOHN P.LYCETTE,JR. EUGENE UNSEL ING SIMON WAMPOLD December 29 , 19 71 (OF COUNSEL) ALBERT O.PRINCE WILLIAM J.MILLARD,JR. RICHARD M.FOREMAN ROBERT E.RATCLIFFE CRAIG S.STERNBERG EDWIN J.SNOOK The Mayor of Renton, Renton City Council, Pacific Car & Foundry Co. , Burlington Northern, Inc. Renton, Washington 98055 Re: Protest - Vacation of Houser Way in Renton Gentlemen: This letter is written on behalf of our client, Diamond Parking, Inc. , who owns a triangular parcel of property located at the southwest corner of Houser Way and 8th Avenue in the City of Renton. The purpose of this letter is to protest the vacation of Houser Way between 4th Avenue and the southern boundary of the Diamond Parking property. The parcel in question was purchased from the Burlington Northern, Inc. which was the successor to Great Northern Railroad Co. which, it is our understanding, was the grantor of the portion of Houser Way which was vacated. The petitioner acquired the property from the railroad in reliance that Houser Way was a public street and would continue to provide access to the eastern side of the Diamond Parking property from the south. Houser Way is one of the properties primary means of access, and the closing thereof will deprive it of a direct and convenient access to the property from 4th Avenue and unreasonably and substantially affect access to the property. The closure of Houser Way would permanently damage Diamond Parking' s property and said property would be specially damaged in a substantial and material degree by said closure. e4U - LYCETTE, DIAMOND & SYLVESTER The Mayor of Renton, Renton City Council, Pacific Car & Foundry Co. , Burlington Northern, Inc. December 29 , 1971 Page Two Further, the closure of Houser Way by diversion of travel will depreciate the value of Diamond Parking' s property without just compensation. In passing the ordinance vacating a portion of Houser Way, the Renton City Council will have acted arbitrarily and capriciously. The vacation of Houser Way is not in the furtherance of a public use or benefit and was apparently the result of closed negotiations among the Burlington Northern Inc. , Pacific Car and Foundry and the City of Renton, to which neither the public nor Diamond Parking was privy. The negotiations leading to the vacation of Houser Way are in violation of the open meeting law. The council' s purpose in vacating Houser Way is to confer a special privilege upon the railroad and Pacific Car and Foundry. The vacation in the instant case was initiated in order that the railroad and Pacific Car and Foundry could consummate a private real estate transaction which was conditioned upon the vacation of the street in question. In the event you choose to proceed with the vacation you leave our client with no alternative but to seek injunctive relief restraining the city from completing the vacation as well as an action for substantial damages against the city, Burlington Northern and Pacific Car and Foundry. Diamond Parking, Inc. respectfully requests that the council take no further action and set the matter over for public hearing with appropriate notice. Respectfully submitted, LYCETTE„ DIAMOND ) SYLVESTER , f? - i. �( : BY , Josef iamond Attorney for Diamond Parking, lc. csa I I 1 1 Off' R� O 0 a)i—'°j z, OF1'ICIL Ot."1`I11L ( ITN" _ 1 I OR11L1' • RENTON, WAS I1I'\(i'I 1 ' o POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5 tsil o y 3 GERARD M. SHELLAN, CITY ATTORNEY 2rA0 E t� JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY Rr CAPITAL O December 28, 1971 Mrs . Helmie Nelson City Clerk City Hall �,/t�► Renton, Washington 98055 / ems ‘4 `(j� Dear Helmie : We are handing you herewith the second page of the proposed ordinance vacating a portion of Houser Way which we ask you to substitute for the existing page 2 . This for the reason that Pacific Car & Foundry requested an additional clause in connection with the reversion provision which we have approved . The attorney for the company also handed us today the enclosed "Indemnification Agreement" which we are approving as to legal form. We believe that the Chairman of the Legislation Committee has the copies of the vacation ordinance and we suggest that you contact him to make the substitution. We remain Ve 'y truly yours, ' Gerard M. Shell.an { GMS :bjm Enc. ., - L C-4 Zvyt� . !/ i 7/ t 4' ,j. G� �� December 16, 1971 ii*i ii t.0-‘- ''''- ' . 'co c-i;,-, Frl ei City Council v6 ^ _ City of Renton ,,A ^�'z L Renton, Washington 98055 ✓ ''e�i SUBJECT: Proposed Vacation of Houser Way between 4th and 8th, City of Renton Gentlemen: • I am aware of the request for vacation of Houser Way filed jointly by Pacific Car and Foundry Company and by Burlington Northern, Inc, Closure of Houser Way between 4th and 8th will not seriously affect our business operations and we do not intend to object to such vacation. Respectfully submitted, _::27/4//-2-- (70-"X, . (Firm Name) (Address) By_,'c�' Title r... -*',/,' i.0'Z� � i ,z , ,f_t___, _Ze2 . ;,,,__,_,,Zi_, -1, 7 7 4 el. .12?-r-4 4,‘" , ' C-Ivv V' /4/- i/ /2 />7/ LEGAL DESCRIPTION HOUSER WAY NORTH STREET VACATION All that portion of Houser Way North within the southeast one-quarter of Section 8, Township 23 North , Range 5 East; W.M. lying between the easterly production of the northerly margin of North 4th Street and southerly of the following described line: Beginning at the intersection of the center line of Houser Way North with the easterly production of the southerly margin of North 8th Street; thence south 18 01 ' 34" East along said center line a distance of 72.26 feet to the point of a curve to the right with a radius of 573.69 feet; thence continuing southeasterly along the arc of a curve to the right, radius 573.69 feet, an ar6 length of 190.171 feet to the point of tangency of said curve; thence North 89 00' 54" West a distance of 30 feet to the westerly margin of Houser Way North ; thence northerly along the westerly margin of Houser Way North a distant of 1 .26 feet to a point on the arc of a curve to the right, radius 691 .78 feet, an arc distance of 102.18 feet easterly from the beginning of said curve, the true point of beginning of said line; thence continuing southeasterly along the arc of said curve a distance of 77.94 feet to the easterly margin of said � ; . Houser Way North, the termination of said line. }! • 44, t Y. r il t I f 1 !'!, '{ ., ttr t rp;;° L t• lP.k i! 8 y£ 1 '1"r. £ b a.'< ar 7 + r 1 kkk 1rjti r ;) r � r + tX.rtdd9 u+j tNf� F R 111 .► O u ta © Z Ol`l 1l'1. (>l 'I'IIE ('ITV A 1"ro R NE • REN'I'ON.WASH I\(;T( p POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON. WASHINGTON 98055 ALPINE 5-8, o 9 ; GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY December 22 , 19 ART CaP,'�� • 04 Mrs . Gwen Marshall Office of City Clerk City Hall Renton, Washington Re : Ordinance - Vacation of Portion of Houser Way Dear Gwen: Enclosed herwith you will find original and two copies of the proposed Ordinance vacating a portion of Houser Way . Would you please insert the Resolution number and also have the Engineer fill in the correct legal description of the portion of Ho -r . - Way to be vacated. We are also sending a copy hereof to the attention of Mr . Dick Everett, Attorney for the Petitioner-owner, sothat he is fully familiar with the terms of the Ordinance . As per prior under- standing with Mr. Everett 's office, we have inserted a reversio ' clause and also retained the City ' s easement rights for utility , purposes . Mr. Everett will furnish us with a proper indemnity agreement , subject to the approval of our office , which will agree to hold ' the City harmless from any expense or liability in the event an* action is brought by any non-abutting....owner to the vacation, connection with this action. After the Ordinance has been completed, please forward it to th Legislation Committee . We remain oul very truly , Gerard M. fhellan Ck1ty Attorney GMS :nd111 Encl . RENTON CITY COUNCIL REGULAR MEETING December 20, 1971 8:00 P.M. Municipal Building Council Chambers MINUTES FLAG SALUTE AND Mayor Avery Garrett led the Pledge of Allegianc CALL TO ORDER and called the regular meeting of the Renton Cif Council to order. ROLL CALL OF SCHELLERT, DELAURENTI, PERRY, STREDICKE, CLYMER COUNCIL MEMBERS AND BRUCE . MOVED BY BRUCE, SECONDED BY CLYMER, TO EXCUSE THE ABSENT MEMBER . CARRIED. (Grant arrived during the public hearing shortly after the meeting had convened) , CITY OFFICIALS AVERY GARRETT, Mayor , GWEN MARSHALL , Deputy Cit ., IN ATTENDANCE Clerk , G . M. SHELLAN, City Attorney ,, JACK WILSOr, City Engineer, DEL BENNETT, Public Works Adm . , VICTOR TE GANTVOORT, Street Commissioner, GORDO! ERICKSEN, Planning Director , TED BENNETT, Utilir Accountant , GENE COULON, Park Director , JIM FRA R Personnel Director, FRANK HENRY, Acting Police C i VERN CHURCH , Purchasing Director and BERNARD RUE E Building Director . MINUTE APPROVAL MOVED BY BRUCE , SECONDED BY DELAURENTI, TO APPRC 3 12/13/71 Meeting THE MINUTES OF THE PREVIOUS MEETING OF 12/13/71 S PREPARED AND MAILED OUT. MOTION CARRIED. PUBLIC HEARING This being the date set , the hearing was opened . Vacation of portion Audience comment was invited. Mr. Dick Everett , of Houser Way North Asst . Counsel , Pacific Car & Foundry Co. , report 3 unsuccessful efforts of the company to acquire Mr. Dick Everett, property from Diamond Parking , Inc. , being advis 3 Asst. Counsel , Pac. at 3 :30 p.m. this date of Diamond 's decision not Car & Foundry Co . not to enter into agreement . City Engineer Wilson reported distribution of maps of the proposed vacation and film slides were shown by Public Works Administrator Del Bennett who designated boundaries of the propose vacation and pointed out individually owned parc s Mr. Everett requested amendment to the original petition for vacation of Houser Way North by the deletion of that property owned by Diamond Parki_ , Inc. Upon inquiry of affect of vacation on park area to be deleted/ Mr. Everett maintained that access will be available at northerly leg with c L cuts the same as presently exist , access otherwi: to be from North 4th and North 8th and proposed improvements felt to be in the public interest . Discussion ensued and it was noted that the prese t right of way will be completely removed, Also, t. t the case is unusual in circumstances , the ef:Fort:; prompted however,by City 's request for abandonmez of the 6th street track which will require revisi n to internal right of way and 122-plant trackage an(' land acquisition in connection with parking of railroad cars and the incoming and outgoing shipn n of cars and materials . City Attorney Shellan Upon inquiry , City Attorney Shellan advised that remarks on Procedure under State Law the Council has the right to gran any portion , or all , delete from or add to the vacation having such perogative so to do. It was discerned that there was no representative presen of the businesses to the north of Pacific Car & Foundry , Mr. Everett advising he had made a caucu of all businesses , there being 7 , and 3 had signe statements , one branch manager not allowed to sig: for the company but advising closure would not ad versely affect business, A11 owners had been advi c of tonight meeting and Mr. Diamond being aware o same and conditions of the vacation proposals . MINUTES - RENTON CITY COUNCIL MEETING 12/20/71 Page 2. PUBLIC HEARING : Vacation of portion of Houser Way North (Cont . ) Audience comments Ingress/egress problems at the northerly end of and inqui'rries Houser were noted by Bruce and present use was discussed. Prior conditions recalled by Mr. Frank Storey were noted to be greatly improved since opening of the North Renton Interchange . Mr. Del Bennett reported traffic survey of light volume with many of the vehicles involved in the parking area . He advised this is the lowest class of arterial , being partly one-way and with poor access , especially declining in utilization since the opening of the Interchange and due to present unemployment conditions . Mr. Everett noted long range planning and acquisition of Burlington property contingent on the vacation and advised that employee parking is to be maintained. Mr. John Salathe Mr. John Salathe, Pacific Car representative, General Manager, noted basic desires concerning the vacation Pac. Car Foundry including need to extend rail facilities when Company the 6th street area is cut off to handle car out- put of 40-45 per day and incoming materials for such production . Crossing of Houser Way at several points in utilization for in-house access and out- put egress . Past company expansion was noted and future growth and benefits to the city thereby were noted and the vacation requested for purposes of necessity and facility as outlined. Mr. Frank Inquiry by Mr. Tibbels inquired concerning traffic in the event Frank Tibbels Boeing picks up and it was noted same is alleviated by the No. Renton Interchange and one-way directiona controls . Mr. Frank Storey recalled congestion in past years and noted Pacific Car to be a community asset and the proposal tobe a seemingly good one . Mr. Bill Robbins , Further slides were shown and proposed use outlined Asst . General Mgr. , by Mr. Bennett which pattern of plan was felt to Pacific Car & be an improvement for the area . Mr. Bill Robbins , Foundry Co. Renton Div. , Pacific Car, reported traffic study revealing that much of the traffic is that of the vehicles utilizing the company parking lot and that as the slides indicated the Diamond lot is used very little . Mr. Everett- Mr. Everett summarized requests including that for Summary of amendment to the original petition by deletion , also Remarks that street vacation fees which may be assessed per Sec. II, Ordinance 2349, be waived. Costs to be incurred in accommodation of the city request for track removal were outlined, the value of Houser Way deemed considerably less , being underlaid with utilities , easement to be granted for same. The transaction will also put property now exempt on the tax rolls which property had originally been given the city by donation . Council and staff Councilman Stredicke pointed out that presentation noted lesser traffic since employment is down but no mention was made of affect of its rising, attention called to later agenda item regarding another area of this right of way and completely reversed approach as to volume to be presented. Councilman Schellert asked for staff comment on the North 6th Street Improvement project . City Engineer Wilson reported in process Urban Arterial project for which bids have been called for and awarded the mode of construction to depend upon Findings and whether or not they have to work around the tracks . Council action It being the finding of the Council that the pro- ' posed means of access will not substantially affect the interest of owners of the deleted property and it being agreed that a reversion clause along with utility easement be included and said vacation subject to an indemnification agreement , it was MOVED BY GRANT, SECONDED BY BRUCE, TO AMEND THE ORIGINAL VACATION PETITION AS REQUESTED THEREBY MINUTES - RENTON CITY COUNCIL MEETING 12/20/71 Page 3 PUBLIC HEARING : Vacation of portion of Houser Way (Cont . ) Council Action DFLFTIYf THE PROPERTY OF DIAMOND PARKING, INC. Vacation of AND REDUCING THE AREA BY APPROXIMATELY 260 FT. , Houser Way North EXTENDED SOUTHERLY FROM THE ORIGINAL APPLICATIO' AND SUBJECT TO FINDINGS AS HERETOFORE STATED. THE MOTION CARRIED. MOVED BY GRANT, SECONDED BY DELAURENTI, TO REFER THE MATTER TO THE LEGISLATION COMMITTEE FOR PROPER ORDINANCE . THE MOTION CARRIED. MOVED BY STREDICKE , SECONDED B BRUCE, IN VIEW OF IMPROVEMENTS TO BE IMPLEMENTF, TO WAIVE THE VACATION FEE AS REQUESTED. MOTION CARRIED. (Not $100 . 00 Filing Fee) VOUCHER APPROVAL Finance Committee Chairman Schellert reported Nos . 5055-5555 committee approval of Vouchers Nos . 5055 throug. 5555 which have received departmental certifica tion as to receipt of merchandise and/or 'servic, and recommended council approval at this time . MOVED BY DELAURENTI, SECONDED BY BRUCE, TO CONC t IN THE RECOMMENDATION, APPROVING THE VOUCHERS A ) AUTHORIZING PAYMENT THEREOF AS REPORTED. CARRIE ORDINANCES AND Legislation Committee Chairman Perry submitted RESOLUTIONS ordinance which has been on first reading on 12/13/71 . MOVED BY SCHELLERT, SECONDED BY ORDINANCE 2684 DELAURENTI, TO PLACE THE DOCUMENT ON SECOND Advance Travel AND FINAL READINGS. CARRIED. The Ordinance Fund was read establishing and creating a revolving fund- to allow advance payments of travel expens for city officials and employees , as provided L Ch . 74 , 1969 Session Laws . MOVED BY SCHELLERT, SECONDED BY BRUCE , TO ADOPT THE ORDINANCE AS RE ). ROLL CALL VOTE RESULTED IN 6 AYES, STREDICKE OPPOSING. THE MOTION CARRIED. Proposed Ordinance Councilman Perry outlined provisions of propose . Regulating Ambu- ordinance relating to emergency medical servic€ lance Service by ambulance . The Legislation Committee recom- mended first reading and return to committee fc two weeks . MOVED BY SCHELLERT, SECOND BY GRANT TO CONCUR . THE MOTION CARRIED. The Ordinance was read and a lengthy discussion ensued pro or con opinions being expressed concerning various provisions and enforcement , it being felt son problems not yet resolved . (Returned to Commit e) ORDINANCE NO. 2685 Proposed Ordinance was read authorizing appropi s- Appropriating Funds tion of $14 ,000 . 00 from Current Fund Excess Rev nue to Fire Department unto Fire Department Salary Accounts , to. cover Budgetary Accounts service-connected disabilities and illnesses o1 Fire Department personnel . MOVED BY SCHELLERT, SECONDED BY BRUCE , TO PLACE THE DOCUMENT ON IT[ SECOND AND FINAL READINGS. CARRIED. AFTER FIL L READING , ROLL CALL VOTE WAS UNANIMOUSLY AFFIRM" EVE. THE MOTION CARRIED . ORDINANCE WAS ADOPTED. CORRESPONDENCE AND CURRENT BUSINESS Park Board Action- Letter from the Renton Park Board reported Houser Way recommendations ,resulting from joint meeting with the Transportation Committee , that Houser Way be improved as a two-lane , two-way street and that consideration be given to widening of the railroad underpass at Houser and Cedar Rivc Park . Also , that parking improvements be give: consideration , to begin at the NE boundary of r e baseball field at the same elevation as the ro< way, with installation of pedestrian overpass over 1 user Way in vicinity of the underpass . MOVED BY SCHELLERT , SECONDED BY CLYMER, TO REFER THE MATTER TO THE TRANSPORTATION COMMITTEE. CARRIE] (Removed from this committee and referred to Committee of the Whole in later action :) MINUTES - RENTON CITY COUNCIL MEETING 12/20/71 Page 4. CORRESPONDENCE AND CURRENT BUSINESS : (Cont . Request to surplus Letter from Purchasing Director Vern Church and sell excess requested authorization to declare surplus traffic si nal and call for sealed bic?5on various types equipment , etc. of traffic signal equipment including con- trollers , generators and radio equipment , 1 Self-propelled crosswalk marker and 1- 1965 International Travelall . MOVED BY BRUCE, SECONDED BY CLYMER TO CONCUR IN THE REQUEST WITH REFERRAL TO THE LEGISLATION COMMITTEE FOR PROPER RESOLUTION. MOTION CARRIED. Appropriation of Letter from the Firemen 's Pension Board, advised Surplus Cash to of its authorization to appropriate $30 ,670 . 00 Firemen 's ension cash surplus in the Pension Fund unto the Firemen ' s Budgetary ccount Budget Account 601/514 . 80 . 42 . Concurrence and referral for proper ordinance were requested. MOVED BY SCHELLERT , SECONDED BY BRUCE, TO CONCUR AND TO REFER THE MATTER TO THE LEGISLATION COMMITTEE . THE MOTION CARRIED . IAFF, Local No . 864 Letter from Mr. Larry Weiss , Secretary ,Local 864 , Request for like International Association of Fire Fighters , vacation benefits referred to letter of May 8 , 1971 which had as granted Police outlined vacation requests for the year 1972 Guild Members per and since no action has been taken on the matter (Ord. No. 2679) as of date , it was requested that the Local be included in the provisions of that Ordinance recently adopted granting vacation benefits to the Police Guild. MOVED BY SCHELLERT, SECONDED BY STREDICKE, TO REFER THE LETTER OF THE FIRE FIGHTERS LOCAL NO . 864 , TO THE COMMITTEE OF THE WHOLE . THE MOTION CARRIED. IAFF Local 864 , Letter from Local No. 864 , IAFF , requested that Request for City favorable consideration be given the request of Support of Fire the Volunteer Fire Department members for aid in Truck Restoration financing the restoration of the 1927 Howard Cooper Fire Truck presently quartered at Station No . 2 . MOVED BY STREDICKE, SECONDED BY BRUCE, TO REFER THE REQUEST TO THE PUBLIC SAFETY AND FINANCE COMMITTEES. THE MOTION CARRIED. APPOINTMENTS Letter from Mayor Garrett requested concurrence Mr. C. L. Day - in the reappointment of Mr. C. L. Day to the Renton Aviation Renton Aviation Board , term to expire 11/6/74 . Board Member Mr. Day has served as a Board Member since 1965 . MOVED BY DELAURENTI, SECONDED BY PERRY, TO CONCUR. THE MOTION CARRIED. Mayor 's Appointments- Letter from Mayor Garrett reported appointments Department Heads- of Department Heads in compliance with OMC legis- under Optional lative provisions as follows : Municipal Code Provisions Mr. Jack Wilson , Director of Engineering Mr . Gerard M. Shellan , City Attorney Mr. Bernard L. Ruppert , Building Director Mr . Gordon Y. Ericksen , Planning Director Mr . William E. Bennett , Acting Finance Director Mr. James Fraser, Acting Personnel Director Confirmation requested on permanent appointments at this time . MOVED BY DELAURENTI, SECONDED BY GRANT, TO CONFIRM THE APPOINTMENTS AS REQUESTED. Stredicke inquired regarding the Park Director.Mayor Garrett noted appointments of the Park Director , Airport Manager, Library Director , who work for autonomous boards , is within the jurisdiction of such Board and the Police and Fire Chief are appointed by the Civil Service Commission . THE PENDING MOTION CARRIED. • , �t9 V%<G GJV��, • December 16, 1971 GCcv_ ,=� C Z3 City Council t� o. -4 rn ca \ciki , -- 0, 4 ' Si). t", rrl 4 City of Renton ,`cd m z e Renton, Washington 98055 , �c+ � SUBJECT: Proposed Vacation of Houser Way between 4th and 8th, ,M City of Renton Gentlemen: 111 I am aware of the request for vacation of Houser Way filed jointl} by Pacific Car and Foundry Company and by Burlington Northern, inc. Closure of Houser Way between 4th and 8th will not seriously affect our business operations and we do not intend to object to such vacation. 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I \ I ZZZ qZ t1 _ _ �' i ,j nb� ?W317 o' W !4 WWI 0 10:1 f (i • yi tL 'S�7e .,O1g,y,� gbM 3Y6, � LnriroY ^ r l - N- ,`s r .\r.1 ' �- r�1.�{r �r'`a.� d.f-1'.-ra, vat ea�b0 i �y fi �T iI_H ae " _ y.r ,a \I /Sa3.,low . • a : �il5i4i43als�� dg1�al+l,ad"5l � Y � _ -4=ia.r,� � c + 1 1s I J_ i7 73&�quH2 S199^i.7Ad.� i f aas:.4l�i�r 7 . 1 a mN . , `I TT1 ,. :. T IF - . f�H9�1ln� �, •. •iy ... ..,� ... .9q1 J1aia 9a+J 4,n,tr.. -+7 r1Tra.r•i� K '` _. - . -, i a1•3^b4443 r ,-01- . ,4 - 3 i{. lam/ f 7n:b g ` 4. . \ . . zl I . i .. •. 7 ?j 7 �L 9 -r n __---- __, 'y: r ,.\:,, • ^�/ — � p qua rt S d.. •�,;` , ,74.7,,t9 BVII \t4 AT vFR � . S , / // s�v�inaa.Hs, n=r �ti i� N �^b- "�/�{(]( i� 1. (difty/A-,6-ici)A jj.:. ---\ Affidavit of Publication NOTICE OF PUBLIC HEARING - RENTON CITY COUNCIL CHAMBERS STATE OF WASHINGTON OECE BE:00 P.M.1971 8 COUNTY OF KING ss. that a Notice is herebyy given Public Hearing win be held by the Renton City Council on a petition to vacate a portion of Houser Way N. Deborah Grr being first duly sworn on as provided by Resolution 1773. RESOLUTION NO. 1773 'he Chief Clerk' WHEREAS a Petition has been oath, deposes and says that is the of filed with the City Clerk of the City THE RENTON RECORD-CHRONICLE,a weekly newspaper.That said of Renton on or about November newspaper is a legal newspaper and it is now and has been for more 11. 1971, petitioning for the vaca- than six months prior to the date of publication referred to, printed lion of a portion of a certain street and published in the English language continually as a weekly news as hereinafter more particularly paper in Kent, King County, Washington, and it is now and during all been signedgn by said ownerspetition of mhavore been the more of said time was printed in an office maintained at the aforesaid place than two-thirds of the property of publication of said newspaper. That the Renton Record-Chronicle owners abutting upon said portion has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, of street soughtsame being deescribb ed bea vacated, as follows, Rea. 1773 to wit: THAT portion of Houser Way Washington.That the annexed is a lying between the North right of way line of North 4th Street and the South right of way line of 8th Avenue North. as shown on the plat attached hereto as Ex- hibit"A" as it was published in regular issues (and NOW THEREFORE, BE IT RE- not in supplement form of said newspaper)once each week for a period SOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AS FOL- of one consecutive weeks, commencing on the LOWS: SECTION I:That the 20th day of December, 1971, at the hour of 8 19 day of ` 19 71 and ending the 00 P.M. at the City Council Cham bets in the City Hall. Renton, day of 19 , both dates Washington,be and is'hereby fixed inclusive, and that such newspaper was regularly distributed to its as the time and place when the subscribers during all of said period. That the full amount of the fee aforesaid Petition for vacating the aforesaid portion of street shall be heard and determined charged for the foregoing publication is the sum of$..Z1.3,which SECTION II: The City Clerk is hereby authorized and directed to has been paid in full at the rate of$3.20 per folio of one hundred words give notice of said time and hear- for the first insertion and$2.40 per folio of one hundred words for each ing as provided by law. and any subsequent insertion. and all persons interested therein or objecting to said vacation may then appear and be heard thereon. . if�_ 'r-l!_-AL) ..I._41� or they may the their ec tions thereto with the ky prior to or at the timewritten of theobj hear- ahief clerk ing on said vacation. TheCityCler Cit Council shall determine.at or prior to any such public hearing l b a se- Subscribed Subscribed and sworn to before me this daywhetherao appraisal of cured to determine the fair market 19value of the property sought to be vacated as provided for in Ordi- Nov 19 7l • • CI HanceNo.2349orwaive thesame:and the City further reserves the � right to retain ton easement for T�i > public utilities and related purpos- Notary P li in and for the State of Washington, es within the street right of way eliding at Kent,King County. sought to be vacated. . PASSED BY THE CITY COUNCIL - - this 15th day of November, 197Hetmie o1n Passed by the Legislature, 1955, known as Senate Bill 281, effective City Clerk June 9th.1955. APPROVED BY THE MAYOR this 16th day of November, 1971. Avery Garrett. - Western Union Telegraph Co. rules for counting words and figures, Mayor adopted by the newspapers of the State. Approved as to form: Gerard M Shellan. City Attorney Published in the Record- Chronicle November 19, 1971 R- 1078. II/ 41Ik CITY OF RENTON NOTICE OF PUBLIC HEARING MUNICIPAL BUILDING 200 MILL AVENUE SOUTH RENTON , WASHINGTON Z7/ 1. - ,1,1/1A7tc/i — l North NU 1 Z IS HEREBY GIVEN THAT A PETITION TO VACATE P rtion of Houser Way TO WIT: Between North 4th Street and North 8th Street HAS BEEN FILED WITH THE CITY CLERK OF THE CITY OF RENTON. THE CITY COUNCIL BY RESOLUTION NO. 1773 DULY ADOPTED AT ITS REGULAR MEETING OF November 15 , 1971 , F ECED AND DETERMEM THE 2 0 t h DAY OF December, 1971 , AT THE HOUR OF 6:00 P.M., IN THE COU?CU CHAMBERS, CITY HALL, CITY OF RENTON, AS THE DATE AND :LACE AT W IICH E.JD PUBL,IC HEARING WILL BE HELD BY THE CITY COUNCIL UPON THE PETITION TO VACATE SAD portion of Houser Way South . LNY AND ALL PERSONS INTERESTED THEREIN OR WISHING TO OBJECT THERETO, MAY THEN BE HEAR THEREON-OR MAY FILE THEIR WR1U.TEN OBJECTIONS TO SAID VACATION WITH THE CITY CLERK PRI TO E,A I) TI J OF HEARING, HELMIE W. NELSON CITY CLERK Resolution No . 1773 i'.'sTE OF PUBLICATT_ON November 19 , 1971 CERTIFICATION I, HEREBY CERTIFY THAT THREE (3) COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABM— ;.ND ONE (1) COPY POSTED AT THE CITY HALL, RENTON, ON J 0 (n, 1 ) 7 [ PRESCRIBED BY LAW, -7 --- SIGNED: -- ATTEST: NC1PP PUBLIC 1N AND FOR THE STATE OF WASHINGTON, RESIDING AT RENTON, WASHINGTON CITY OF RENTON NOTICE OF PUBLIC HEARING MUNICIPAL BUILDING 200 MILL AVENUE SOUTH RENTON . WASHINGTON NO::: r. IS HE_RELY GIVEN THAT A PETI210N TO VACATE portion of Houser Way No. TO WIT: Between N. 4th Street and N. 8th Street HAS LT'EN FILED WITH THE CITY aTERK OF THE CITY OF RENTON. THE CITY COUNCIL BY RESCCT.,?'_"ION Na, 1773 DTTLY ADOPTED AT "MS REGULAR MEETING OF November 15 , 1971 FIXED AID DETERIvd,,D TIE 2 0 t h DAY OF December, 1971 AT THE HOUR Cr' 8:00 P.M.., IN THE COUNCIL L CHAMBERS, CITY HALL, CITY OF RENTON, AS THE DATE AND PLACE AT WHICH SAD PUBLIC HE^ "'ITs WILL BE HEID BY THE CITY COUNCIL UPON THE PETITION TO VACATE SA?D portion of Houser Way. No. ANY AND ALL PERSONS ThTE.IESTFD THEREIN OR WISHING TO OBJECT THERETO, MAY THEN BE HEAR T`ER'CN-OR..I AY FILE THEIR WRITTEN CB,'.ECTIONS TO S_C UD VACATION WITH THE CITY CLERK PRI TO SAID TI72, OF HEARING, HELMIE W. NELSON CITY CLERK Resolution No . 1773 DATE OF PTLECATION No vember 19 , 1971 CERTIFICATION I, HEREBY CERTIFY THAT THREE (3) COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME TN THREE CONSPICUOUS PLACES ON THE PROPEETY DESCRIBED ABOV AND or (1) COPY POSTED AT THE CITY HALL, RENTON, ON A PRESCRIBED BY LAW0 SIGNED: ATTECT: NOTARY PUBLIC IN AND FOR THE STATE OF WASTH ',^TON, RESIDING AT RENTON, WASHINGTON c , . , t November 12, 1971 .4 f 4t' - 1 , Honorable Avery Garrett, Mayor h _. Members of the City Council • Re: Petition for Vacation of Houser Way Between M. 4th Street and N. 8th Street Gentlemen: The petition as filed for the vacation of Houser Way between North 4th Street and North 8th Street is signed by owners representing 95.6%:.. . the total frontage upon said street. This pe entge eneed.s thJ minimum amount of 67% for a valid petition. Very truly yours, __A—Ca_„ t 1-4106L-Ar J?ck)E. Wilson, P.E. City Engineer 1 r JW:sn 4 k 4 f • -. q . CITY OF RENTON ' City Clerk 's Receipt No252 Renton, Wash. //- // , 19 7/ RECEIVED OF ,�A�.. L� •_ �y�2t ( (J 7• ,,-c-,-G7✓c .C,rr, - --\` DOLL,` 3 FOR: CODE AMOUNT iI Gen. Bus. Licenses . . Nos. Misc. Licenses . . . . Nos. I Nos. I I `q Misc. Permits . . . . Nos. 1 (/�' Nos. I 1 Dog Licenses . . . . Nos. I i <:' Vb Precinct Rent lJ St. Vac. Filing Fees �� .7 -•Q-1%J LI / b 0 I 7 .c: V Misc. Fees Nos. I �. Other Nos. 1 Total / O ) 1 Helmie IV. Nelson, CITY CLERK Y .�. Of R �, 'S 0 (.) 2. OFFICE OF THE CITY CLERK • RENTON.WASHINGTON % • UPTON MUNICIPAL BDILDING, RBN'1'ON, WASHINGY1bN 98055 BA 5-3310 '1Sp°4'r CAVIt10-0�♦� November 10 , 1971 Burlington Northern 805 Central Building Seattle , Wa . 98104 Attn : Mr. Clark A . Eckart /��I "_ "� Vice President , i4 .may1 4"�/� Executive Department Re : North 6th Street Improvement , No. 6th St . Track Abandonment and Houser Way Vacation Gentlemen : Your communication of November 3 , was presented to the City Council at its regular meeting of November 8 , 1971 . The Council has referred the letter to the Transportation Com- mittee where the subject of Houser Way vacation had been previously routed. Councilman Bill Grant is Chairman of the Transportation Com- mittee and will no doubt advise you when the Committee will be discussing the matters . We shall advise you of further action at such time as the Committee has made its report to the City Council . Yours very truly , CITY OF RENTON ���� Helmie W. Nelson City Clerk HWN/dm cc: Mayor Transportation Committee City Engineer dik PETITION TO VACATE STREET to, 1 4F�r� fib s, _ TO: THE CITY COUNCIL CITY OF RENTON, WASHINGTON Pursuant to R.C.W. 35.79 and Renton City Ordinance No. 2349, the undersigned petitioners respectfully request the vacation of a part of a city street and would show the Council: I The petitioners herein request vacation of all that portion of Houser Way, a public street situated in the City of Renton, lying between the North right-of-way line of North 4th Street and the South right-of-way line of 8th Avenue North, as shown on the plat attached hereto as Exhibit "A" , and as more specifically described in a certain Quit Claim Deed from PACIFIC COAST R. R. CO. to the City of Renton, a copy of which is attached hereto as Exhibit "B" . II That ten tracts of real estate abut on Houser Way within the area sought to be vacated as shown on Exhibit "A" , the ownership of which tracts is as follows: TRACT 1: Lot 36, Block 13, Car Works Addition to Renton; Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACT 2: Alley vacated to Pacific Car and Foundry Company pursuant to Renton Ordinance No. 701; Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACT 3: Lot 19, Block 13 , Car Works Addition to Renton; Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACT 4: Part of the South z of Section 8, Township 23 North, Range 5 East,W.M. , acquired from Seattle Pacific Investment Company by deed dated April 17, 1924, recorded in Volume 1236 of Deeds, page 51; Owner: PACIFIC CAR AND FOUNDRY COMPANY. - r TRACTS Acquired from Pacific Coast R.R. Co. by deed dated 5 and 6: June 28, 1965, recorded in Volume 4672 of Deeds, page 254. Owner: PACIFIC CAR AND FOUNDRY COMPANY. TRACT 7 : A triangular tract acquired from Burlington Northern , Inc. Owner: DIAMOND PARKING INC. TRACTS Presently owned by Burlington Northern, Inc. , sub- 8 and 9: ject to a Contract to Purchase dated August 23, 1971, in favor of Pacific Car and Foundry Company, subject to the condition that Houser Way be vacated. TRACT 10: Railroad right-of-way acquired over a period of years by predecessors in interest to the present owner : BURLINGTON NORTHERN, INC. III The names and addresses of the above owners are : PACIFIC CAR AND FOUNDRY COMPANY 777 - 106th Avenue N. E. Bellevue, Washington 98004 BURLINGTON NORTHERN, INC. 800 Third Avenue Seattle, Washington 98104 DIAMOND PARKING, INC. 1312 Madison Seattle, Washington 98104 IV Petitioners further request that the Council vacate Houser Way 4nd waive the fee which may be assessed under Section II of Ordinan No. 2349 for the reason that the benefits to the City accruing from such vacation are in excess of any fee that could be assessed and for such other reasons as may be presented upon hearing of the within Petition. V The undersigned petitioners constitute more than two-thirds of the owners of said abutting property. -2- WHEREFORE, petitioners respectfully pray that proceedings be had herein for the vacation of the area described in Paragraph I as provided by law. PACIFIC CAR AND FOUNDRY COMPANY By M. E. O'By ne Vice President BURLINGTON NORTHERN, INC. By C. A. Eckart Vice President -3- L. • • , ' . The Grantor, PLI.CIFIC COAST R. R. CO. , a i,Tashing ton corporation, for and in consideration of One Dollar ($1.00) and other valuable considerations , CONVEYS and QUITCLAIMS to the • -f CITY OF RENTON, UASIIINGTON, a municipal corporation, an easement for street, utility and related purposes upon, over and across the following described property situated in Renton, King County, Washir_aton, to-wit: A strip of land 60 feet wide over and across the - NWT SE and the SW% SEA in Section 8 , Township 23 North, Range 5 E.t•T.M. , extending from the south line of Eighth Avenue North to the north line of Fourth Avenue North, r'`and having a width of 30 feet on each side of and measured at right angles from the following described center line: Beginning at the NTI corner of the SEA of said Section 8, the north line of said SE-, also being the -north line of Eighth Avenue North; thence S. 89°28' 19" E. ,along the north line of Eighth Avenue North a distance of 423.54 feet; thence S. 18°01t34" E, a distance of 63.28 feet to the south line of Eighth Avenue North, the • true point of beginning of this description; Thence continuing S. 18'O1134" E. a distance of 72.26 feet to a beginning of curve; thence southerly along a uniform curve to the right having a radius of 573,69 feet , through a total angle of 19°O1' , a distance :- of 190,17 feet to the end of curve; thence S. 0°59t 26" W. - -_ a distance of 1621.58 feet to a beginning of curve; southwesterly along a uniform curve to the right having a radius of 819.02 feet, through a total angle `, of 22350t a distance of 326. 19 feet to the end oE curve; -- -thence S. 23°49 T 2.6" U. a distance of 404.65 feet to a point on the north line of Fourth Avenue North which is 30 feet southeasterly, measured at right angles , from " the southeasterly line of Block 13, Car Works Addition re- to Renton. • :' : SAVING AND RESERVING, however, unto the Grantor, its suc _ • cessors and assigns , the right to maintain and use two existing railway tracks upon, over and across the above described property, and to construct, maintain and us& one additional track adjacent • to each of said existing tracks. The rights herein reserved • shall be exercised in a manner which t7i11 not unreasonably EXHIB IT B . . ':interfere with the use of said lands for street, utility and - " related purposes. - And the Grantor does hereby transfer and convey to. the Grantee all interest of the Grantor in and to all drainage, sewer •"`:_-and water facilities and street improvements now or hereafter :.constructed or installed on the property -subject to this convey- annce, IN WITNESS ITHEREOF, said Grantor has caused this instru- ment to be executed by its proper officers and its corporate seal •-• to be hereunto affixed this , 3 day of 1965. • PACIFIC COAST R. R. CO. • . `,,.fir�•fi,/r,,,,� �.��./"�ti/�5�. ,.. BY � President • Attest: ,_ _ / � ! y2`+ � Secretary ; <-S"i3TE OF WASHINGTON ) • • 'Co��ty of R i n_g ) -On this day of .—;'; ram_ 1965, before me personally appeared Clark A. Eekart and R. Paul Tj ossem, to me known to be the President and Secretary, respectively, of ==: Pacific Coast R. Re Co, , the corporation that executed the within and foregoing ir_strunent, and acknowledged the said ins tru- r:`-ment -to be the free and voluntary act and deed of said corpora- • - ' y ti on, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and • that the seal affixed is the corporate seal of said corporation. -: • _ : - IN t'TI :iE TSS UTHEREOH, I have hereunto set my hand and affixed nay official seal the day and year first above written. • ' Notary Public in and' for the Ytatc. - ':. of Washington, residing at Seattle. • -•-•--""- ' interfere with the use of said lands for street, utility and .•• - - - • _ S. • •t . related purposes. . - --. .:..• _� . And the Grantordoes hereby transfer and convey to. the _=-':Grantee all interest of the Grantor in and to all drainage, sewer _• - _ �;:•?and cuter facilities and street improvements now or hereafter- - r-:••-t ,_ti..constructed or installed on. the property-subject to -this convey- ''' .-~' ;:/: ^ ; -� .IN WITNESS S1'riEllROF, said Grantor has caused this instru- =�•':'f meet to be executed by its proper officers and its corporate` sea • l s'• _ .to be' hereunto affixed this „`J. " day of ', �1965. ,:;{;, r . -• - ,. PACIFIC COAST R.. R. CO./ -, . : _ '///may///_/� •:' ••.r.,, By !�. C't 4- - • ; Attest: -77:' , • ^ '� t 1 _ •.• ,ter.�" - - _ !• - -`1.• .-: �� T. - t r• • t .-t--.F_ rJ • - _� .{ • - .., S^L�TE OF WASHINGTON ) • .. • County of N. i n.g • •r ` .c - • ` ` - _ _` "` On this '_' t; day of -, -` _, 1°65, before meI personally appeared Clark A. Ec'_:art and R, Paul T j ossem, to me ---I:t knocrn to be the President and Secretary, respectively, of - c� .it.-_'Pacific Coast R, R._ C_ o, , the corporation that executed the • :< • - within, and :foregoing instrument, and aclulocwledged the said instru "= `•nent to be the free and voluntary act and deed of said corpora- '.`,•': -.•••.ti on for the uses and purposes therein mentioned, and on oath =TJ' = t. ,' stated that they c•7ere authorized to execute said instrument, and 1r = thgt the seal affixed is the corporate seal of said corporat�.on. "•""•- - IN t1ITNESS I?HEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. t • • ' r ' %.. • It• • • • t J ; • Y• '') -,,.► � • I / -7- .T:; ' - •' • Notary Public in and' for the Ytate - :•-' .••. • •t' • • , of Washington, residing at Seattle. • -2- . /! !' BURLINGTON NORTHERN CLARK A. ECKART 805 Central Building Vice President — Seattle, Washington 98104 Executive Department Telephone (206) MA 4-1900 sg-)/( Honorable Avery Garrett November 3 , 1971 Mayor, City of Renton Municipal Building 200 Mill Avenue S. , • Renton, Washington 98055 •/- Dear Mayor Garrett : Re : North 6th Street Improvement I telephoned this morning to discuss the above subject and found that you will be out of your office until Friday . Under these circumstances I concluded it wise to write you in order that the matter would have your prompt attention upon your return. I enclose , for your information, a copy of Mr. Wilson 's letter to me of November 1. The time schedule laid out therein places us in an unfortunate situation. As you know , as part of our line abandonment through Renton it was our sincere hop_ e that the 6th Street track could be eliminated because of the improvements that the change would make to traffic flows . Under our existing agreements with Pacific Car and Foundry Company we are obligated to continue that track in service as long as they require it. Negotia- tions with that company resulted in our granting an option for sale to Pacific Car the balance of our property east of their plant , which is conditioned upon their ability to secure vacation of Houser Way. This option was granted on the assurances of Pacific Car that the additional property would give them space to rearrange their tracks and eliminate the need for the 6th Street track. To summarize the foregoing , if Houser Way is vacated, the 6th Street tracks can be eliminated. If it is not vacated, the tracks must remain in service . 10% L - 2 - Honorable Avery Garrett November 3 , 1971 Mayor, City of Renton A decision on the Houser Way matter is urgently needed if this project is to he brought to a prompt conclusion without needless expense on the part of both the City and the railroad. Anything that you can do to expedite a decision on that question would be greatly appreciated. Sincerely yours , Enclosure cc: 'r"r. Jack E . Wilson OF R ' �+ 0 a CITY ENGINEER'S OFFICE • RENTON, WASHINGTC �. �3 x ao MUNICIPAL BUILDING • 200 MILL AVE. S. • RENTON, WASHINGTON 9055 • 235- 31 SAORT CA PIT C/c November 1 , 1971 Mr. C. A. Eckart, Vice President y' E:, Burlington Northern Railway 800 Central Building +O 1 2 /I.l Seattle, Washington 98104 ; -' • SUBJECT : North 6th Street Improvement Dear Mr. Eckart: • We have previously transmitted letters relative to reconstruction of • North 6th Street. As -funding time is limited by the Urban Arterial Board, must advertise for bid on this project prior to December 1 , 1971 to be able to continue funding avail abi li ty. We will complete plans and specifications on or about November 5, 19 and bid opening will be on or about November 24, 1971 . We request you provide us with guidelines and schedules to be includ • in our specifications for coordination bet;ieen the Railroad Company providi+ track adjustment and our contractor for the street improvement. After contract award, we will hold a preconstructien meeting (time a place to be determined later) where vie will request the railroad to be rep r. rented with their schedule for adjustment of the tracks. We will transmit a set of plans to your office as soon as final dra-F ).g of the plans is completed. Design of grade and slope are completed and can copied or reviewed from our work d 'arings at any tine. If we can be of any assistance in providing additional information, please contact Leiv Eriksen of our office. Very truly yours , • Jack E. Wilson, P.E. City Engineer BHMc:mj Bert H. McHenry,, P.E. cc: Mr. Intiekoffer Assistant City 'Engineer OFFICE OF TIIE CITY ATTORNEY • RENTON,WASIIIN/ITO POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-86 GERARD M. SHELLAN, CITY ATTORNEY October 29 , 1971 JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY Mr. William Crant , President Renton City Council City Hall Renton, Washington Pe: Letter requesting vacation of right of way between 4th E 8th Streets by Pacific Car 6 Foundry Dear Bill: This is to let you know that we had an inquiry today from Mr . Everett of Pacific Car C Foundry regarding the present status of his Company's letter to the Mayor and City Council of September 14 , 1971. Apparently he understood that the Engineering Department has contacted Burlington Northern regarding a call for bids to repave 6th Street. Mr. Everett is very anxious , on behalf of his Company, to tear, about the City's poation concerning the requested vacation before the Company makes any commitments with the Railroad and other parties. Possibly a Committee meeting could be held with representativ. of the Company so that the Committee is fully advised of its intention and a decision can be reached one way or another. We remain Yoyl?\ very truly, 1 ' Ger. d M. Shell.. n GMS :nd be: Mayor Engineer City Clerk Legislation Chrmn Dick Everett, Pacific (7r 6 Foundry p 9/ 7/1 CF PACIFIC CAR AND FOUNDRY COMPANY Post Office Box 1518, Bellevue,Washington 98004 September 14, 1971 Honorable Avery Garrett Mayor, City of Renton City Hall Renton, Washington Dear Mayor Garrett: Re : Vacation of Houser Way Between 4th and 8th Streets You will recall that several weeks ago W. A. Robbins, Assistant General Manager of the Renton Division, and I met with you in your offices to discuss on a preliminary basis the possible vacation of Houser Way between 4th and 8th Streets in the City of Renton. Since that meeting we have entered into a contract to purchase from Burlington Northern, Inc . , the tract outlined in red on the attached plat, consisting of approximately 9. 2 acres, lying East of Houser Way. Our obligation to purchase is conditioned upon the successful vacation of Houser Way. Joe Diamond, the owner of the triangular parking lot at the inter- section of Houser Way and 8th Street, has indicated he will oppose any vacation of Houser Way to his south boundary line or beyond, and in the alternative has suggested that PCF pur- chase the parking lot for what we consider to be an inflated price. In Ordinance No. 2349, it is provided that with respect to the vacation of streets and alleys in the City of Renton, the City Council may determine that the abutting owners of the property to be vacated pay unto the City an amount which shall not exceed one-half of the appraised value of the area to be vacated. In light of the high cost to be paid to Burlington Northern, the necessity of purchasing a parking lot we neither need nor want, and the possible assessment by the City of a substantial fee for the vacation itself, I contacted the Renton City Attorney, Mr. Gerald Shellan. He suggested that we submit this letter to you, outlining our position and requesting that you refer the Corporate Headquarters: Business Center Building, (206) 455-0520 • Honorable Avery Garrett, Mayor September 14, 1971 Page 2 matter to the appropriate Committee of the City Council for a preliminary review of the two questions ; whether Houser Way can be vacated and if so, what fee, if any, will be assessed by the City Council. The answers to these questions will determine whether it is feasible for PCF to complete the pur- chase. We feel the vacation of Houser Way between 4th and 8th Streets without any fee assessed under Ordinance No. 2349 is in the best interests of the City of Renton for the following reasons : 1 . The City has requested that PCF abandon its rights with respect to the spur from our Plant running down 6th Street. We understand the City wishes to remove the trackage, repair or replace the sewer and resur- face 6th Street. This particular spur track has been used by our Renton Division for incoming and outgoing rail shipments and for temporary storage of new rail- road cars during periods of peak construction or when for various reasons, delivery of the cars to our cus- tomer is delayed. Abandonment of this trackage would artificially limit our railroad production capacity and increase our costs of operation. The acquisition of the Burlington Northern tract east of Houser Way would permit the installation of additional tracks on our property for handling of rail shipments and storage, permitting the abandonment of the 6th Street spur. 2 . While the purchase of the Burlington Northern tract would give PCF added railroad storage capacity, we have no immediate plans to develop or utilize the property in conjunction with our Renton facility. The acquisition would, however, provide space for future expansion of the Renton Division in the City of Renton. Without this real estate, expansion of the Division ' s activities could not be accomplished economically in the vicinity of our present plant . Any future expansion requires elimination of public ingress and egress so that the area east of Houser Way can be integrated into our present operations, securely fenced, and free of restrictions against rail car movement. Honorable Avery Garrett, Mayor September 14, 1971 Page 3 3 . The property in question is now exempt from real estate tax since it is railroad operating property. If pur- chased by PCF, the property would become taxable, in- creasing Renton ' s tax revenue and broadening its tax base. Any subsequent improvements would of course enhance this benefit to the City. 4. The easement upon which Houser Way is now located was acquired by the City from Pacific Coast R. R. Co. in June, 1965 . We have been advised by the Burlington Northern, successor to Pacific Coast R. R. Co. , that the City did not pay any compensation for the easement . 5. Serious questions exist as to the constitutionality of any fee in excess of the normal filing fee that might be assessed by the City under the decision in Puget Sound Alumni of Kappa Sigma, Inc. v. Seattle (1967 ) 70 Wn 2d 222, 422 P2d 799. Under these circumstances, it is our feeling that vacation of Houser Way without fee (other than the $100 filing fee) would be in the long term best interests of the City. We would welcome an opportunity to discuss our position further with the appropriate City Council Committee on an informal basis . We hope that you and the Council members will appreciate that we must determine the overall cost to the Company before we can decide the economic feasibility of the large investment that is involved. To facilitate discussion with the City Councilmen, seven extra copies of this letter are enclosed for distribution as you see fit. Thank you in advance for your cooperation and kind consid- eration of our request. Very truly yours, , r1 V Richard D. Everett Assistant Counsel RDE : jw Attachment-Plat Enclosures (7) cc: Messrs . Gerald Shellan Clark Eckart B . C. Jameson John Salathe W. A. Robbins -,—Mm ibibilliji IN I Sti it L ! ,•'m_ i s'1 d „ ��••.It ��- s i._ d i. t* ¢:: .:i ',v'',',v,{,• r sf� '.x p' 'r"s`%. t p a � r x A r r 1 6 � Y {{ t 5S Jaaroe e,-t+a & _ .� r e ."�. . .. ... r'dn I,-- .� .. .. .t,a — r. '�`,*is �rwaY itf. i ..., ;... as �.,f Fr+�w. . W-'C: _".:.` 7..: � ;'' •i�Nx� r,.. ± 7JV ^, o: n,. t - -.. y" - _ Y m w ... »,... «.«: ..•-_. , + RAM a,n v .?'g.�w.�' w - .......-. '...,_-...-...--:"x�.'a�ta` ,. �:� �,-'"'--+•""----•--'X.--'_-�-..,••.«--.=,..�+ y . ; ^a t m,' u� � 2+P e" t ! ? b °1 ' if • r r its" : Y Ott f 72, , Of �¢r t Yl it ) It k tItIk 41 Ik _ ,s R r f•. / ' i� i� D i �.i ; C3:"y c. 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