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HomeMy WebLinkAboutRenton VAC-95-001 2SEF. 06 '96 (7131) 08: 14 SAYLIS SRAND WAGNER 206 453 6013 PAGE.1/1 A RC H I T6 C rS September 6, 1996 Renton City Council 200 Mill Avenue South Renton, WA 98055 Attention: Tom Boyns RE: Safeway - Lake Avenue South Vacation (VAC-95-001) JOB NO.: 93.1220 Dear Mr. Boyns: ITY OF RENTON s;r' l3 1996 Ntc VED ;I CLERK'S OFFICE Safeway has now completed a Level 2 Environmental Study for the referenced site with the hopes of determining the exact environmental conditions of the properties for which they have requested vacation. However, the results are inconclusive and more studies are needed. Therefore, in behalf of Safeway, we request a 4-week extension of the current expiration date from September 9, 1996 to October 8, 1996. Safeway and the proponents remain very interested in seeing this vacation consummated. In fact, to date all of the adjacent property owners abutting the northern two-thirds of the right-of-way have paid for their portions. So that the entire right-of-way has a better chance of vacation or being vacated, we hope you will grant this extension to October 8, 1996. Sincerely, BAYLIS BRAND WAGNER ARCHITECTS, INC. a brla�' Richard L. Wa er, A cc: Dave Messner - Safeway C� : tea►' -r ,I , RL W:amp PRI.CIP.IS El an Brand, rand, AIA Brian SPlanning• Architecture a Interiors Richard L. Wagner, AIA Therm, Fry., Ja, AIA 10801 Main Street • Bellevue, WA 98004 - FAX (206) 453-8013 (206)454-0566 A S a 0 C I ATf5 Kant Feene, AIA Mitch Yocka , MA Johan Luchelnaar. AIA lull. M. Stltalar, AJA Suwn Chrirufider DATE TO: VIA: FROM: STAFF CONTACT: SUBJECT: ISSUE CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM September 6, 1996 Toni Nelson, President Members of the Renton City C un Jesse Tanner, May Gregg Zimmerman, Administrator Tom Boyns, X6209 oFcEiVED SEP 6 1996 AENTON CITY COUNCIL CITY OF RENTON �I- b 1996 REGENED CITY CLERK;S OFFICE Street Vacation VAC 95-001; Lake Avenue S./Safeway Staff has been informed that representatives from Safeway intend to request the Council to grant a further extension on the time limit to provide the City with compensation for the vacation of Lake Avenue South (VAC 95-001). Safeway's request maybe brought forward during the September 9 Council Meeting. Staff recommends that Council approve Safeway's request to grant a further 4-week extension of the time limit to provide the City with compensation for the vacation of Lake Avenue South. BACKGROUND: On February 26, 1996 Council accepted the appraisal and set the compensation due the City in this matter. This action began a 90 day period during which the compensation must be received by the City prior to passing the ordinance. On May 20, 1996 Safeway requested and Council granted a 60-day extension to this time limit to investigate petrochemical contamination of the former gas station 'site on the southerly portion of the subject Right -of -Way. This extension expired July 29, 1996. Safeway requested a further 6-week extension of the time limit to complete the street vacation procedure in order to complete their environmental review, until September 9, 1996. This request was granted by Council July 29, 1996. The review is completed and negotiations are underway to resolve the major legal issues involved in the completion of this process. A further extension is necessary to complete these negotiations and process for the remaining payments. cc: Jay Covington Tom Boyns City Clerk REMITTANCE ADVICE FROM SAFEWAY INC. ASSET MANAGEMENT ACCOUNTING, 5918 STONERIDGE MALL RD.,PLEASANTON, CA 94588-3229 DRAFT NUMBER: 986-4001903 DRAFT DATE: 09/05/1996 DRAFT AMOUNT: ***$43,600.00* Job ID: 3000046 Invoice date: 09/05/1996 Invoice number: 27-489-90-4 Contractor number: 201495 Contract ID: 0000000 Division: 27 Facility: 0489 Sub -Facility: 00 Job number: 00090 Description: DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF RENTON CITY TREASURER REG/RCPT : 02-39894 C:09-06-1996 CASHIER ID : 6 11:24:00 A:89-86-1996 8000 MISCELLANEOUS REV $43,600.00 STREET VACATION 95-001 000.000.80.395.10.09.000000 ----------------- TOTAL DUE $43,600.00 RECEIVED FROM: SAFENAY - SPECIAL DEPOSIT CHECK $43,600.00 ----------------- $43,600.00 ----------------- $0.00 TOTAL TENDERED CHANGE DUE DUPLICATE RECEIPT DUPLICATE RECEIPT ';ITY OF RENTON 'qE:,E;VED 'I Ty CLERK'S OFFICE Net amount: $43,600.00 c: ^ CITE JF RENTON Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM TO: Brenda Fritsvold, Deputy City Clerk FROM: Lawrence J. Warren, City Attorney DATE: August 1, 1996 RE: Request for Interest on Compensation for Lake Avenue S. Street Vacation Dear Brenda: By memo dated July 30, 1996, you have asked me to comment on the request of Matt Tonkin to be paid interest on the compensation he paid to the City on April 24, 1996. The City has extended the time for payment of the appraised value for the portion of the street that will be vacated to Safeway. I do not believe that the City has any obligation to pay Mr. Tonkin interest. If the City feels that the vacation is being unnecessarily delayed to Mr. Tonkin's disadvantage then it can return the money to him and establish a new payment date. Mr. Tonkin can also ask the City to partially vacate the roadway or he can address the City Council about the continued delays in finalizing the street vacation. However, I can find no authority and am. aware of no precedent that would require the City to pay interest on the deposited funds. ly yours Ve, =ar ren LJW/lh cc: Jay Covington Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (206)255-8678 MThis paper contains 50% recvcled material. 25% oost consumer CITY OF RENTON MEMORANDUM Date: July 30, 1996 To: Lawrence J. Warren, City Attorney From: Brenda Fritsvold, Deputy City Clerk ALwo c— Re: Lake Ave. S. Street Vacation Extensions I received a phone call this morning from Matt Tonkin, who is associated with both Taco Time and Accord, Inc., two of the petitioners for the Lake Ave. S. street vacation. As you recall, on 7/22/96 the City Council approved the request to again extend the deadline for the time period wherein the petitioners for this street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional six weeks, until September 9, 1996, to submit the required compensation. Like the previous extension granted on May 20th, the new extension was approved so Safeway can assess the extent of petrochemical contamination on the site. Mr. Tonkin made the point that Taco Time and Accord, Inc. submitted their required compensation (total $18,040.00) on 4/24/96 per the City's instructions and before the first extension was granted. He wanted to know when he could expect to receive title for his portion of the vacated area. I explained that Council will not adopt the ordinance vacating the right-of-way until all the petitioners have paid their portions. He then wanted to know if the money paid by him in April is being held by the City in an interest -bearing account. It's obvious that Mr. Tonkin's share of this transaction is being delayed against his wishes and through no fault of his own. Please advise as to whether the City owes him interest on the money paid by him in April; and if so, what is the procedure by which he can lay claim to it. Thank you. „L CITY OF RENTON '.a I City Clerk Jesse Tanner, Mayor Marilyn J. Petersen July 25, 1996 Rich Wagner Baylis Brand Wagner 10801 Main St., Suite 110 Bellevue, WA 98004 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Mr. Wagner, At the regular Council meeting of July 22, 1996, the Renton City Council approved the request to again extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional six weeks, until September 9, 1996, to submit the required compensation. Like the previous extension granted on May 20th, the new extension was approved so interested parties can assess the extent of petrochemical contamination on the site. If I can provide additional assistance or information, please feel free to call. Sincerely, / MA = 11 14 Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 0 This paper contains 50 % recycled material, 20%post consumer CITY .lF RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen July 25, 1996 Frank Tonkin Accord, Inc. 3300 Maple Valley Highway Renton, WA 98058 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Mr. Tonkin, At the regular Council meeting of July 22, 1996, the Renton City Council approved the request to again extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional six weeks, until September 9, 1996, to submit the required compensation. Like the previous extension granted on May 20th, the new extension was approved so interested parties can assess the extent of petrochemical contamination on the site. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 0 This paper contains 50 % recycled material, 20%post consumer CITY .JF RENTON City Clerk Marilvn T Po.e......_ July 25, 1996 Marion Carney PO Box 567 Renton, WA 98057 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Marion Carney, At the regular Council meeting of July 22, 1996, the Renton City Council approved the request to again extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional six weeks, until September 9, 1996, to submit the required compensation. Like the previous extension granted on May 20th, the new extension was approved so interested parties can assess the extent of petrochemical contamination on the site. If I can provide additional assistance or information, please feel free to call. Sincerely, PAW, *VmL Brenda Fritsvold Deputy City Clerk _ cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 0 This paper contains 50 % recycled material, 20%post consumer CITY JF RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen July 25, 1996 Gary Smith 108 S. 3rd #3 Renton, WA 98055 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Mr. Smith, At the regular Council meeting of July 22, 1996, the Renton City Council approved the request to again extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional six weeks, until September 9, 1996, to submit the required compensation. Like the previous extension granted on May 20th, the new extension was approved so interested parties can assess the extent of petrochemical contamination on the site. If I can provide additional assistance or information, please feel free to call. Sincerely, 6WAA� W[;M� Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 8 This paper contains 50% recycled material, 209/6 post consumer CITY �,JF RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen July 25, 1996 Rich Snyder Renton, WA 98055 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Mr. Snyder, l00, TIAPIA- C 1i'" At the regular Council meeting of July 22, 1996, the Renton City Council approved the request to again extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional six weeks, until September 9, 1996, to submit the required compensation. Like the previous extension granted on May 20th, the new extension was approved so interested parties can assess the extent of petrochemical contamination on the site. If I can provide additional assistance or information, please feel free to call. Sincerely, NUMM t ' MAW�M � Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50%recycled material, 20%post consumer CITY vF RENTON -11 A 'N� City Clerk Jesse Tanner, Mayor Marilyn J. Petersen July 25, 1996 Marco Spani First Interstate Bank of Washington PO Box 160 Seattle, WA 98111 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Mr. Spani, At the regular Council meeting of July 22, 1996, the Renton City Council approved the request to again extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional six weeks, until September 9, 1996, to submit the required compensation. Like the previous extension granted on May 20th, the new extension was approved so interested parties can assess the extent of petrochemical contamination on the site. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50 % recycled material, 20 % post consumer CITY ,�jF RENTON City Clerk Jesse Tanner, Mayor Marilyn J. Petersen July 25, 1996 Dave Messner Safeway Inc., Seattle Division PO Box 85001 Bellevue, WA 98015-8501 Re: Lake Avenue South Street Vacation Petition, VAC-95-001 Dear Mr. Messner, At the regular Council meeting of July 22, 1996, the Renton City Council approved the request to again extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional six weeks, until September 9, 1996, to submit the required compensation. Like the previous extension granted on May 20th, the new extension was approved so interested parties can assess the extent of petrochemical contamination on the site. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 9 This paper contains 50 % recycled material, 20%, post consumer r0 July 22, 1996 Renton City Council Minutes Page 293 AUDIENCE COMMENT Citizen Comment: Messner - Lake Ave S Street Vacation, VAC-95-001 determined to be the most cost-efficient solution that would best suit municipal operations while meeting long-term needs. The acquisition will also allow for future expansion and be least disruptive to City Hall users. The current municipal building will remain in public ownership. Susan Carlson, Economic Development Director, commented that because the Main & Grady building has been vacant since November of last year, no tenants would be displaced by the acquisition. She added that the City will continue to negotiate with the owner in the hope of reaching a mutually - agreeable purchase price; however, the City will simultaneously begin eminent domain proceedings in case negotiations are not successful. City Attorney Lawrence J. Warren explained that if this situation proceeds to eminent domain, a jury would decide the fair market value of the building. The City could then either pay this amount to the owner or abandon the condemnation proceedings, although not without providing for certain legal expenses related to the acquisition effort. Continuing, Ms. Carlson said the City expects to occupy the new building in early 1998. She emphasized that this purchase would meet the City's public safety needs within the confines of its budget, a course of action deemed preferable by Renton residents. In response to Councilman Edwards, Ms. Carlson said it should be relatively easy to market the current municipal building to lessees, especially considering its proximity to downtown, the library, and the Cedar River trail system. While he remained concerned about invoking eminent domain for this type of acquisition, Councilman Edwards commended the Administration for fashioning a solid financial plan to acquire the new building without reducing services or increasing taxes. Dave Messner, representing Safeway Inc., 1000 - 124th Ave. NE Suite #202, Bellevue, 98005, asked that the petitioners for the Lake Ave. S. street vacation be given another six weeks to provide the City with the required compensation for the vacated area. Mr. Messner explained that the petitioners are still trying to assess the extent of petrochemical contamination on this site, which is believed to have resulted from the former presence of a gas station. He added that if the contamination is determined to be extensive, Safeway may need to revise its development plans for this property. MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL GRANT AN ADDITIONAL SIX -WEEK EXTENSION (TO SEPTEMBER 9, 1996) OF THE TIME PERIOD FOR SUBMITTING THE REQUIRED COMPENSATION TO THE CITY FOR THE LAKE AVE. S. STREET VACATION. CARRIED. Citizen Comment. Clifford Chris Clifford, 2721 Talbot Rd. S., Renton, 98055, said while he considered - Vulcan NW the Lake Washington development being proposed by Vulcan Northwest (aka Development; Use of the Paul Allen Group) to be an incredible opportunity for Renton, he was Eminent Domain concerned that the City could invest substantial funds in an Environmental Impact Statement (EIS) process to determine the site's creosote clean-up costs, only to have the developer decide that higher -than -expected costs render the project infeasible. Mr. Clifford worried that in such a case, the City would be stuck with paying for the EIS preparation costs. Mayor Tanner replied that the Paul Allen Group has agreed to pay 25% of the expected EIS preparation costs up -front, regardless of whether it decides to proceed with the development. P& CITY OF RENTON JUL 2 2 1996 CITY OF RENTON RECEIVED PLANNINGBUILDING/PUBLIC WORKS r" `=r-K'S OFFICE MEMORANDUM DATE: July 19, 1996 TO: Toni Nelson, President Members of the Renton City Council VIA: Jesse Tanner, Mayor FROM: Gregg Zimmerman, Administrator 6p 3-;z STAFF CONTACT: Tom Boyns, X6209 SUBJECT: Street Vacation VAC 95-001; Lake Avenue S.; Safeway Extension ISSUE: Staff has been informed that representatives from Safeway intend to request the Council to grant a further 6-week extension on the time limit to provide the City with compensation for the vacation of Lake Avenue South (VAC 95-001). Safeway's request maybe brought forward during the July 22 Council Meeting. RECOMMENDATION: Staff recommends that Council approve Safeway's request to grant a further 6-week extension on the time limit to provide the City with compensation for the vacation of Lake Avenue South. BACKGROUND: On February 26, 1996 Council accepted the appraisal and set the compensation due the City in this matter. This action began a 90 day period during which the compensation must be received by the City prior to passing the ordinance. On May 20, 1996 Safeway requested and Council granted a 60- day extension to this time limit to investigate petrochemical contamination of the former gas station site on the southerly portion of the subject Right -of -Way. This extension expires July 29, 1996. Safeway has requested a further 6-week extension of the time limit to complete the street vacation procedure in order to complete their environmental review, until September 9, 1996. This review is necessary to determine the appropriate course of action to take and will impact the scope of the planning of their development project cc: Jay Covington Tom Boyns City Cleric JUL.115 '96 (MON) 16.01 BAYLIF RAND WAGNER 206 4" 6013 PAOE.1/1 A R C n t T E C T 5 July 15, 1996 City of Renton Department of Planning/Building/Public Works 200 Mill Avenue South Renton, WA 98055 Attention: Tom Boyns RE: Lake Avenue South Vacation (VAC-95-001) JOB NO.: 93-1220 Dear Mr. Boyns: Confirming our conversation of Friday (7/12/9%. Safeway has confirmed that they are advancing on the environmental assessment of tthhe referenced property. However, they will not be complete in time to consummate the property transfer prior to the current expiration date of July 29, 1996. Therefore, we wish to request an extension of 6 weeks — to September 9, 1996. On May 20, 1996 our office, on behalf of Safeway, requested and received from City Council an extension of the original date. During S�afeway's due diligence phase, it was identified by the Level 1 Environmental Research that a gas service station had operated in the vicinity of the southern portion of the site. Pursuant to this discovery, Safeway initiated a. Level 2 Environmental Study in order to identify the exact environmental conditions of the properties for which they have requested a vacation. It is apparent, now, that these studies will not be complete prior to the July 29th date agreed to by Council and, in fact, will not be available for approximately 4-6 weeks. Safeway remains very interested in seeing this vacation go through. However, they want to know exactly what issues and responsibilities they would be accepting. Therefore, it is important that this Level 2 study be completed prior to transfer of these vacated portions_ It is for this reason that, on behalf of Safeway, we request your support and Council's approval of an extension to September 9, 1996. Sincerely, BA S BR WAGNER ARCHITECTS, INC. chard L_ Wagner, cc: Dave Messner - Safeway, Inc. RLW:amp A55QCIATt5 Kant Pairs, AIA PRINCIPAL - Mimh Yock", NA II aaylb, AlA Planning •Architecture •Interiors Johan luch,leller, AIA Brlan Bra", AIA Jul le M. Stltal or, AIA Rkhare F_ w.Bnn, AIA 10801 Main Street • Bellevue, WA 98004 • FAX (206) 453-8013 • (206) 454-0566 Suwn Cndrtnnd�, Thomaf Frye, Jr.. AIA CITY JF RENTON .Il Jesse Tanner, Mayor March 21, 1996 Marion Carney P O Box 567 Renton, WA 98057 Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: STREET VACATION LAKE AVENUE S, S. 3RD STREET TO SEATTLE PIPELINE RIGHT-OF-WAY Dear Marion Carney: On February 26, 1996, the City of Renton approved the appraisal and began the 90 day time period for the petitioners to pay the compensation set at one-half the appraised value of the Right -of -Way proposed for vacation to the abutting property owners. The description of the portion of the property which will attach to your property is described on the attached exhibit, and shown on the survey map enclosed. The total compensation required is $160,000.00, and that portion due from you is $20,360.00. This sum represents payment for 4,555.80, square feet of property and is payable on or before May 24, 1996. Payment should be made to the City of Renton in care of the City Clerk. Please feel free to call me with any question at (206) 277-6209. -L� L ) Sincere) T�om�as <J� Property Services Supervisor CITY OF RENTON CITY TREASURER REG/RCPT : 82-35614 C:65-23-19% CASHIER ID : H 11:58 as A:85-23-1996 88N MISCELLANEOUS REV $28,360.08 STREET VACATION/LAKE AVE S 066.606. N.395. A.08.08NO@ TOTAL DUE DUE $20,360.80 RECEIVED FROM: MARION CARNEY CHECK $20 868.88 1368.88 CHECK ----------------- TOTAL TENDERED ----------------- $28,360.00 CHANGE DUE $6.06 200 Mill Avent, Renton, Washington 98055 ® This paper contains 50 % recycled material, 25% post consumer -EXHIBIT 'All LAKE AVENUE SOUTH ROAD VACATI1 CARNEY PARCEL LEGAL DESCRIPTION THAT PORTION OF LAKE AVE. S., LYING WITHIN THE EAST ONE-HALF OF SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST MARGIN OF SHATTUCK AVENUE (FORMERLY SHATTUCK STREET), AND THE NORTH MARGIN OF SOUTH 3rd STREET (FORMERLY 3rd AVENUE); THENCE NORTH 88040'50" WEST ALONG SAID NORTH MARGIN 790.16 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 129.15 FEET; THENCE ALONG THE ARC OF SAID CURVE AND MARGIN, PASSING THROUGH A CENTRAL ANGLE OF 04°30'39" A DISTANCE OF 10.17 FEET TO A POINT OF INTERSECTION WITH THE SOUTHEASTERLY MARGIN OF LAKE AVE. S.; THENCE NORTH 71001'31" EAST ALONG SAID SOUTHEASTERLY MARGIN 88.56 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 254.69 FEET; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE AND MARGIN, PASSING THROUGH A CENTRAL ANGLE OF 58041'26" A DISTANCE OF 260.89 FEET; THENCE CONTINUING ALONG SAID MARGIN NORTH 12020'05" EAST 245.74 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE CITY OF SEATTLE CEDAR RIVER PIPELINE RIGHT-OF-WAY; THENCE NORTH 88019'25" WEST ALONG SAID SOUTH LINE 30.53 FEET TO THE CENTERLINE OF SAID LAKE AVE. S.; THENCE ALONG SAID CENTERLINE, SOUTH 12020'05" WEST 137.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE, SOUTH 12020'05" WEST 102.78 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 224.69 FEET; THENCE ALONG THE ARC OF SAID CURVE AND CENTERLINE PASSING THROUGH A CENTRAL ANGLE OF 13024'42", A DISTANCE OF 52.60 FEET; THENCE NORTH 64015'13" WEST 30.00 FEET TO THE WESTERLY MARGIN OF SAID LAKE AVE. S.; THENCE ALONG SAID MARGIN AND THE ARC OF A CURVE, CONCAVE TO THE NORTHWEST, THE CENTER OF WHICH BEARS NORTH 64015'13" WEST 194.69 FEET DISTANT; THENCE IN A NORTHERLY DIRECTION ALONG THE ARC OF SAID CURVE AND MARGIN, PASSING THROUGH A CENTRAL ANGLE OF 13°24'42" A DISTANCE OF 45.57 FEET; THENCE CONTINUING ALONG SAID MARGIN NORTH 12020'05" EAST 102.78 FEET; THENCE SOUTH 77039'55" EAST 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE SUBJECT TO AN EASEMENT IN FAVOR OF ANY EXISTING UTILITIES LOCATED WITHIN THE DESCRIBED VACATION AREA. CONTAINING 4556 SQ. FT. OR 0.10 ACRES MORE OR LESS. ,o �-3nv )IonuvHs /7------- --� or I 1 i 11 l W w I I Q <m 3 U I 00 Q Z N O I I � I I ,oC I,OC 19 .99 Q NI I I (n I N � cn _J of (% `` 1 Z rya ion) S 3^b 3 0 I --- W Q a o ix z QI > Q N\\ •p' W O U N a: U N v > 0: vi a X W d N.\ .Of U < m = K Q N Z N W Z L 1 I k Z O V _ W Z O j U �� dm 1111 I (n 4 N LOC .0C .99 Q v Y 11 $€8 H1no�a31N1Y21&ga i = F Y { O x, ? Rce . )�.. • vim^•.. x P Q C, 8 � sly 1y`J Q Q N N W y y 4 y 4 y W VI W 2 QO N 0 P VPI VI P p N o jV N P m p m N N F Q a F .O P P NPi N p m o W p n n� g N o � J W U Q W W F d• O � W pZ a z W Z ti i � S S W � W y 6 W ? 4' H y IQ- 1 L- b W 2 CITY OF RENTON Jesse Tanner, Mayor May 21, 1996 Rich Wagner Baylis Brand Wagner 10801 Main St. Suite 110 Bellevue, WA 98004 Re: Street Vacation Petition, Lake Avenue South, VAC-95-001 Dear Mr. Wagner, City Clerk Marilyn J. Petersen At the regular Council meeting of May 20, 1996, the Renton City Council approved the request to extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional 60 days, until July 29, 1996, to submit the required compensation. The extension was granted due to a recent environmental assessment of the site that indicated potential contamination from the property's former gas station and its underground storage tanks. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 9 This paper contains 50% recycled material, 25% post consumer CITY OF RENTON Jesse Tanner, Mayor May 21, 1996 Frank Tonkin Accord, Inc. 3300 Maple Valley Highway Renton, WA 98058 Re: Street Vacation Petition, Lake Avenue South, VAC-95-001 Dear Mr. Tonkin, City Clerk Marilyn J. Petersen At the regular Council meeting of May 20, 1996, the Renton City Council approved the request to extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional 60 days, until July 29, 1996, to submit the required compensation. The extension was granted due to a recent environmental assessment of the site that indicated potential contamination from the property's former gas station and its underground storage tanks. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50% recycled material. 25%post consumer CITY OF RENTON "LL ` City Clerk Jesse Tanner, Mayor Marilyn J. Petersen May 21, 1996 in MC � Ccorl/I :yhdo} Marion Carney / PO Box 567 �^ (;%Q-) Renton, WA 98057 JI e rj 6'3 101 (a Re: Street Vacation Petition, Lake Avenue South, VAC-95-001 Dear Marion Carney, At the regular Council meeting of May 20, 1996, the Renton City Council approved the request to extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional 60 days, until July 29, 1996, to submit the required compensation. The extension was granted due to a recent environmental assessment of the site that indicated potential contamination from the property's former gas station and its underground storage tanks. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 0 This paper contains 50 % recycled material, 25% post consumer CITY OF RENTON Jesse Tanner, Mayor May 21, 1996 Gary Smith 108 S. 3rd #3 Renton, WA 98055 Re: Street Vacation Petition, Lake Avenue South, VAC-95-001 Dear Mr. Smith, City Clerk Marilyn J. Petersen At the regular Council meeting of May 20, 1996, the Renton City Council approved the request to extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional 60 days, until July 29, 1996, to submit the required compensation. The extension was granted due to a recent environmental assessment of the site that indicated potential contamination from the property's former gas station and its underground storage tanks. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50 % recycled material, 25 % post consumer CITY OF RENTON Jesse Tanner, May 21, 1996 Rich Snyder K.S. Partnership 263 Rainier Ave. S. #204 Renton, WA 98055 Re: Street Vacation Petition, Lake Avenue South, VAC-95-001 Dear Mr. Snyder, City Clerk Marilyn J. Petersen At the regular Council meeting of May 20, 1996, the Renton City Council approved the request to extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional 60 days, until July 29, 1996, to submit the required compensation. The extension was granted due to a recent environmental assessment of the site that indicated potential contamination from the property's former gas station and its underground storage tanks. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50%recycled material, 25% post consumer z.0 CITY OF RENTON Jesse Tanner, Mayor May 21, 1996 Marco Spani First Interstate Bank of Washington PO Box 160 Seattle, WA 98111 Re: Street Vacation Petition, Lake Avenue South, VAC-95-001 Dear Mr. Spani, City Clerk Marilyn J. Petersen At the regular Council meeting of May 20, 1996, the Renton City Council approved the request to extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional 60 days, until July 29, 1996, to submit the required compensation. The extension was granted due to a recent environmental assessment of the site that indicated potential contamination from the property's former gas station and its underground storage tanks. If I can provide additional assistance or information, please feel free to call. Sincerely, Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50 % recycled material, 25%post consumer CITY OF RENTON Jesse Tanner, Mayor May 21, 1996 Dave Messner Safeway Inc., Seattle Division PO Box 85001 Bellevue, WA 98015-8501 Re: Street Vacation Petition, Lake Avenue South, VAC-95-001 Dear Mr. Messner, City Clerk Marilyn J. Petersen At the regular Council meeting of May 20, 1996, the Renton City Council approved the request to extend the deadline for the time period wherein the petitioners for the above -referenced street vacation must pay one-half the appraised value of the vacated area. Petitioners now have an additional 60 days, until July 29, 1996, to submit the required compensation. The extension was granted due to a recent environmental assessment of the site that indicated potential contamination from the property's former gas station and its underground storage tanks. If I can provide additional assistance or information, please feel free to call. Sincerely, OW Brenda Fritsvold Deputy City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Services Supervisor 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50% recycled malarial, 25% past consumer A R C H I T E C T S CITY OF RENTON May 20, 1996 MAY 2 0 1996 RECI=tk,ED CITY CLERK'S OFFICE Renton City Council 200 Mill Avenue South Renton, WA 98055 RE: Safeway - Lake Avenue Vacation JOB NO.: 93-1220 Subject: Lake Avenue South Street Vacation (OAC 95-001) Dear Council Members: In behalf of Safeway, applicant for the referenced Street Vacation, we request that the time line for payment of the vacated areas be extended by 60 days. At the Council meeting of February 26, 1996, Renton City Council approved the appraisal and the 90-day time period for the petitioners to pay for their vacated portions of the right-of-way. This 90 days would expire on Sunday, May 26, 1996. Our request, therefore, is to move the expiration date to Thursday, July 25, 1996. Our reason for this request relates to a better understanding of the real estate being transferred from the City to the petitioners. In anticipation of purchasing the properties, the applicant authorized the preparation of an Environmental Assessment. The preliminary report identified that there was, at one time, a service station on the property corner which had underground storage tanks. Although the tanks have been removed, the applicant's Soils Consultant has yet to draw any final conclusions as to the environmental impacts of the historic use of this site. Please know that the applicant and the adjacent petitioners do wish to proceed with the vacation and the redevelopment of this property. However, prior to consummating the land transfer, the petitioners thought it prudent to know exactly what responsibilities they are accepting by accepting the land. The applicant and the petitioners continue to proceed with their investigation and will keep the administrative staff informed of any new information. However, since the full impact of this land transfer is not understood, we request that Council extend the 90-day period for an additional 60 days so that the transaction can be consummated prior to Council's previous time line expiring. ASSOCIATES P R 1 4 C IPA L S Kent Pearse, AIA El Baylis, AlA Planning• Architecture• Interiors Milch Yockey, AIA Brian Brand, AIA Johan Luchsinger, AIA Richard L. Wagner, AIA Julie M. Stileler, AIA Thomas Frye, Jr., AIA 10801 Main Street • Bellevue, WA 98004 • FAX (206) 453-8013 • (206) 454-0566 Susan Chrr,m11des Renton City Council May 20, 1996 Page 2 Thank you for your consideration. We look forward to your favorable response. Sincerely, BAY BRAND WAGNER ARCHITECTS, INC. chard L. Wagpfier, AIA cc: City Clerk's Office - City of Renton City of Renton Right -of -Ways Tom Boyns - Safeway, Inc. Dave Messner - Safeway, Inc. Mitch Johnson - Safeway, Inc. May 20. 1996 Renton City Council Minutes Page 207 AUDIENCE COMMENT Citizen Comment: Wagner - Lake Av S Vacation (Safeway/VAC-95-001) Citizen Comment: Griffin - Orchards Development Runoff The Planning and Development Committee recommended that the City Council remand this matter to the Hearing Examiner on the limited question of access to the O'Connor plat, in light of the pre -annexation agreement. Councilmembers Keolker-Wheeler and Corman agreed that the Committee report should be amended to include language directing that any new information or evidence related to the question of access that was presented to the Committee on appeal also be included in the remand to the Hearing Examiner. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL APPROVE THE COMMITTEE REPORT AS AMENDED TO INCLUDE THE ADDED LANGUAGE SPECIFIED ABOVE. CARRIED. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL DIRECT THAT IF THE HEARING EXAMINER'S RECOMMENDATION ON THIS MATTER IS AGAIN APPEALED BY ANY OF THE PARTIES NAMED IN THE ORIGINAL APPEAL (I.E. RODGER DUNCAN, DEBORAH HANSEN, AND/OR THE WINSPER HOMEOWNERS' ASSOCIATION), THE APPEAL FEE(S) BE WAIVED. CARRIED. Councilmember Keolker-Wheeler apologized to Council and members of the public for the confusion regarding this appeal, noting the situation was unusual in that not all of the evidence presented to Council had been available to the Hearing Examiner. Responding to Mrs. Keolker-Wheeler, Assistant City Attorney Fontes said further public testimony was welcome; however, bringing the matter before the Hearing Examiner would be the most appropriate forum. Rich Wagner, Baylis Brand Wagner, 10801 Main St., Bellevue, 98056, representing Safeway, said that after investigating past uses of the Lake Ave. S. street vacation site, it was found that a gas station had been located there. He expressed concern regarding the impacts of this discovery and asked Council for a 60-day extension to pursue the matter further. Responding to Council inquiry, Assistant City Attorney Fontes said there is no reason why the time limit cannot be extended. MOVED BY NELSON, SECONDED BY SCHLITZER, COUNCIL EXTEND THE LAKE AVE. S. VACATION BY 60 DAYS TO JULY 29, 1996. CARRIED. Ray Griffin, 14306 - 144th Ave. SE, Renton, 98059, hoped that Winsper residents could get their appeal money back. On another subject, he described how raw soil washes off the East Renton plateau from the Orchards development. Remarking that this was illegal and improper, he asked that something be done about the problem. In conclusion, he inquired as to when the Cedar River Regional Park would be opened to the public. Explaining that appeal fees were not refundable, Mayor Tanner added that the Orchards problem would be looked into and that the Cedar River Park matter has already been referred to the Community Services Department. DATE: TO: VIA: FROM: STAFF CONTACT: SUBJECT: CITY OF RENTON MEMORANDUM May 20, 1996 City Council Mayor Jesse Tann Gregg Zimmerman, Administrator G Planning/Building/Public Works Department Tom Boyns, ext. 6209 CITY OF RENTON MAY 2 0 1996 ti. CITY CLEr;ty STREET VACATION; LAxE AVENUE SOUTH, VAC 95-001 EXTENSION TO RESOLVE PETROCHEMICAL CONTAMINATION ISSUE On February 26, 1996 Council accepted the appraisal and set the compensation due the City in this matter. This action began a 90 day period during which the compensation set must be received by the City prior to passing the ordinance completing the process and returning the property to the abutting owners. That period expires Sunday May 26, 1996, On May 3rd the City received notification from Dale Walker, Sound Subaru, one of the abutting owners of petrochemical contamination of a portion of the site. The portion of the site identified is at the southerly end of the Right -of -Way and would impact both the Sound Subaru and Gary Smith portions. The source of contamination appears to be the former gas station and underground storage tanks as shown on the accompanying site plan. Staff recommends an extension of 2 months to the 90 day time limit to complete this action, until July 29, 1996, to establish a plan to resolve any disputes over liability for the contamination. _w Z a f Q a a z 0 m O i U Z Q n a N a in Q i 2 0 Z w Z Q a N Q y}noS anuany jaiuieN 03eid s"JeH;sampnog l4tadoJd JBWn W I `JHIOIIne dOHS` DNtlj I �wAA u 3aano I f4.tadoJd epuoH uolua�{ ENVIRONMENTAL ASSOCIATES, INC. — —ice 2122 - 112th Avenue N.E. Ste. B-100 Bellevue, Washington 98004 Job Number: NT (,f157 0 S a a 6 a 0 a` s c m m W L � U) C e M ..0 //O^ m a O a C 0 N 7 R m a 0 O ❑ d O 1 C m N N O N •� O � a y R SITE PLAN Sound Subaru 240-250 Rainier Avenue South Renton, Washington Dale: o"h 100A. Place: S �; CITY OF RENTON ..� Office of the City Attorney Jesse Tanner, Mayor Lawrence J. Warren MEMORANDUM To: Tom Boyns, Property Services Supervisor From: Lawrence J. Warren, City Attorney Date: May 14, 1996 Subject: Environmental Assessment - Sound Subaru, Vacation of Lake Avenue S. at S. 3rd and Rainier Avenue S. After reviewing the environmental assessment report and thinking about the concept a little more, it occurs to me that the city may have no liability for cleanup of this property. Normally, the city's right-of-way is nothing more than a "super easement." That implies that the fee title to property is held by a third party. The city has never done anything with its easement. It has not developed the easement, it has not utilized the easement, it has simply held the easement. If there is any pollution on the property, it is caused by the actions of the fee owners or someone operating on the fee owners' property. Therefore, the fee owner maybe responsible for the cleanup, as may the person who deposited the harmful substances. It would not appear that the City is either an owner of property, or the depositor of harmful substances. Therefore, it would not appear that the City is liable for any cleanup costs. I have checked with several other city attorneys and they tell me that DOE has agreed with this position and that their cities have not been held liable for cleanup costs in similar right-of-way pollution cases. I do not think that there is any formal DOE opinion or that there has been a litigated case and, therefore, these stories are anecdotal. However, they do give further credence to the theory that I have expressed in this memo. Lawrence . Warren LJW:as. cc: Jay Covington Gregg Zimmerman A8:122.78. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (206)255-8678 CCORD, INC. VENDOR NO. VENDOR NAME y'23 9� 92yi� 8, ,?66 6o P )- j DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF RENTON CITY TREASURER REG/RCPT : 62-34378 C:04-24-1996 CASHIER ID : G 09.52:08 A:04-24-1996 8000 MISCELLANEOUS REV $18,040.00 STREET VACATION ------------- 000.008.00.395.10.00.800000 TOTAL DUE $18,040.00 RECEIVED FROM: TACO TIME/TONKIN ENTERPRISES CHECK. $8,860.00 CHECK $9,180.00 TOTAL TENDERED TENDERE➢ 418,040_00 CHANGE DUE $0.00 DUPLICATE RECEIPT DUPLICATE RECEIPT F: ' CIT jC OF RENTON !u Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator March 21, 1996 Frank J. Tonkin Accord, Inca 3300 Maple Valley Highway Renton, WA 98058 SUBJECT. STREET VACATION LAia AVEN-UE S, S. 3RD STREET TO SEATTLE PIPELINE RIGHT-OF-WAY Dear Frank J. Tonkin: -1. On February 26, 1996, the City of Renton approved the appraisal and began the 90 day time period for the petitioners to pay the compensation set at one-half the appraised value of the Right -of -Way proposed for vacation to the abutting property owners. The description of the portion of the property which will attach to your property is described on the attached exhibit, and shown on the survey map enclosed. The total compensation required is $160,000.00, and that portion due from you is $18,040.00. This sum represents payment for 4,035.40, square feet of property and is payable on or before May 24, 19..96. Payment should be made to the City of Renton in care of the City Clerk. Please feel free to call me with any question at (206) 277-6209. Sincere ^'rs Property Services Supervisor 200 Mill Avenue South - Renton. Washington 98055 March 21, 1996 Marco U. Spani First Interstate Bank of Washington P O Box 160 Seattle, WA 98111 SUBJECT: STREET VACATION LAKE AVENUE S, S. 3RD STREET TO SEATTLE PIPELINE RIGHT-OF-WAY Dear Marco U. Spani: On February 26, 1996, the City of Renton approved the appraisal and began the 90 day time period for the petitioners to pay the compensation set at one-half the appraised value of the Right -of -Way proposed for vacation to the abutting property owners. The description of the portion of the property which will attach to your property is described on the attached exhibit, and shown on the survey map enclosed. The total compensation required is $160,000.00, and that portion due from you is $43,600.00. This sum represents payment for 9,757.90, square feet of property and is payable on or before May 24, 1996. Payment should be made to the City of Renton in care of the City Clerk. Please feel free to call me with any question at (206) 277-6209. Sincerely, Thomas G. Boyns Property Services Supervisor March 21, 1996 Dave Messner Safeway Inc, Seattle Division P 0 Box 85001 Bellevue, WA 98015-8501 SUBJECT: STREET VACATION LAKE AVENUE S, S. 3RD STREET TO SEATTLE PIPELINE RIGHT-OF-WAY Dear Dave Messner: On February 26, 1996, the City of Renton approved the appraisal and began the 90 day time period for the petitioners to pay the compensation set at one-half the appraised value of the Right -of -Way proposed for vacation to the abutting property owners. The description of the portion of the property which will attach to your property is described on the attached exhibit, and shown on the survey map enclosed. The total compensation required is $160,000.00, and that portion due from you is [SEE ACCOMPANYING CHART THIS IS A SAMPLE OF WHAT WENT TO EACH OWNER]. This sum represents payment for [SAMPLE], square feet of property and is payable on or before May 24, 1996. Payment should be made to the City of Renton in care of the City Clerk. Please feel free to call me with any question at (206) 277-6209. Sincerely, Thomas G. Boyns Property Services Supervisor March 21. 1996 Gary E. Smith 108 S 3rd Street #3 Renton, WA 98055 SUBJECT: STREET VACATION LAKE AVENUE S, S. 3RD STREET TO SEATTLE PIPELINE RIGHT-OF-WAY Dear Gary E. Smith On February 26, 1996, the City of Renton approved the appraisal and began the 90 day time period for the petitioners to pay the compensation set at one-half the appraised value of the Right -of -Way proposed for vacation to the abutting property owners. The description of the portion of the property which will attach to your property is described on the attached exhibit, and shown on the survey map enclosed. The total compensation required is $160,000.00, and that portion due from you is $36,890.00. This sum represents payment for 8,255.50, square feet of property and is payable on or before May 24, 1996. Payment should be made to the City of Renton in care of the City Clerk. Please feel free to call me with any question at (206) 277-6209 Sincerely, Thomas G. Boyns Property Services Supervisor March 21, 1996 Rich Snyder KS Partnership 263 Rainier Ave S, Suite 204 Renton, WA 98055 SUBJECT: STREET VACATION LAKE AVENUE S, S. 3RD STREET TO SEATTLE PIPELINE RIGHT-OF-WAY Dear Rich Snyder On February 26, 1996, the City of Renton approved the appraisal and began the 90 day time period for the petitioners to pay the compensation set at one-half the appraised value of the Right -of -Way proposed for vacation to the abutting property owners. The description of the portion of the property which will attach to your property is described on the attached exhibit, and shown on the survey map enclosed. The total compensation required is $160,000.00, and that portion due from you is $41,110.00. This sum represents payment for 9,200.20, square feet of property and is payable on or before May 24, 1996. Payment should be made to the City of Renton in care of the City Clerk. Please feel free to call me with any question, at (206) 277-6209. Sincerely, Thomas G. Boyns Property Services Supervisor March 21, 1996 Marion Carney P O Box 567 Renton, WA 98057 SUBJECT: STREET VACATION LAKE AVENUE S, S. 3RD STREET TO SEATTLE PIPELINE RIGHT-OF-WAY Dear Marion Carney: On February 26, 1996, the City of Renton approved the appraisal and began the 90 day time period for the petitioners to pay the compensation set at one-half the appraised value of the Right -of -Way proposed for vacation to the abutting property owners. The description of the portion of the property which will attach to your property is described on the attached exhibit, and shown on the survey map enclosed. The total compensation required is $160,000.00, and that portion due from you is $20,360.00. This sum represents payment for 4,555.80, square feet of property and is payable on or before May 24, 1996. Payment should be made to the City of Renton in care of the City Clerk. Please feel free to call me with any question at (206) 277-6209. Sincerely, Thomas G. Boyns Property Services Supervisor March 21, 1996 Frank J. Tonkin Accord, Inc. 3300 Maple Valley Highway Renton, WA 98058 SUBJECT: STREET VACATION LAKE AVENUE S, S. 3RD STREET TO SEATTLE PIPELINE RIGHT-OF-WAY Dear Frank J. Tonkin On February 26, 1996, the City of Renton approved the appraisal and began the 90 day time period for the petitioners to pay the compensation set at one-half the appraised value of the Right -of -Way proposed for vacation to the abutting property owners. The description of the portion of the property which will attach to your property is described on the attached exhibit, and shown on the survey map enclosed. The total compensation required is $160,000.00, and that portion due from you is $18,040.00. This sum represents payment for 4,035.40, square feet of property and is payable on or before May 24, 1996. Payment should be made to the City of Renton in care of the City Clerk. Please feel free to call me with any question at (206) 277-6209 Sincerely, Thomas G. Boyns Property Services Supervisor CITY 73F RENTON MLL Jesse Tanner, Mayor February 28, 1996 Mr. Richard L. Wagner, AIA Baylis, Brand Wagner Architects, Inc. 10801 Main Street Bellevue, WA 98004 Re: Street Vacation Petition, Lake Avenue South, VAC-95-001 Dear Mr. Wagner: City Clerk Marilyn J. Petersen At the regular Council meeting of February 26, 1996, the Renton City Council approved the appraisal submitted by Bruce C. Allen & Associates, Inc. for the property to be vacated on Lake Avenue South in the amount of $320,000.00. In accordance with City Code, the petitioners must pay one-half of the appraised value; or $160,000.00 within 90 days from the date of Council approval or the petition shall be deemed to have been abandoned and shall be denied (RCC Section 9-14-S.F.). An ordinance will be adopted by the City Council upon receipt of the required compensation which will be recorded with King County Records and Elections Division. A recorded copy will be returned to you at a later date and will serve as the deed to the property. If I can provide additional assistance or information, please feel free to call. Sincerely, Marilyn . ersen City Clerk cc: Mayor Jesse Tanner Council President Toni Nelson Tom Boyns, Property Management Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50% recycled maternal, 25 % post consumer February 26. 1996 Renton City Council Minutes Page 67 Vacation: SW 12th/Grady Transportation (Aviation) Committee Vice Chair Parker presented a report Way/Maple & Lind Aves recommending concurrence in the staff recommendation to accept the Street Vacation, VAC-95- appraisal in the amount of $91,278 for VAC-95-005, street vacation in the 005 (Good Chevrolet) area of SW 12th St., SW Grady Way, and Maple and Lind Aves. SW (Good Chevrolet)*. MOVED BY PARKER, SECONDED BY KEOLKER- WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. *Appraisal fees waived in Automall area. Vacation: Lake Ave S Street Vacation, VAC_95- 001(Safeway) Transportation (Aviation) Committee Vice Chair Parker presented a report recommending concurrence in the staff recommendation to accept the appraisal in the amount of $320,000 for VAC-95-001, street vacation on Lake Ave. S. from S. 3rd St. to Seattle's Cedar River Pipeline Right -of -Way (Safeway, Inc.). The Committee further recommended that the compensation due from the petitioner be set at one-half the appraised value, or $160,000. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Edwards presented a report recommending approval Finance: Vouchers of Claims Vouchers #132339 - 132794; one wire transfer in the total amount of $1,257,867.12; approval of Payroll Vouchers #141123 and 141141 - 141452; and 424 direct deposits in the total amount of $1,102,457.23. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Parks: Community Center Finance Committee Chair Edwards presented a report recommending approval Position Reclasses of the reclassification requests in the Community Services Department, as follows: one Recreation Program Coordinator (grade 18) position to Community Center & Recreation Coordinator (grade 20), one Recreation Specialist II (grade 14) position to Recreation Program Coordinator (grade 18); and the Community Center Coordinator (grade 20) position to a Recreation Specialist II (grade 14). MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Mr. Edwards noted he has been assured that these changes involve no budgetary impacts. Finance: Personnel Finance Committee Chair Edwards presented a report recommending Changes (Accounting concurrence in the staff recommendation to increase a part-time Accounting Assistant, Secretary II) Assistant position in the Finance & Information Services Department to full- time. The Committee also recommended concurrence in the staff recommendation that the vacant Open Space Coordinator position in the Community Services Department be reclassified to a Secretary II position and transferred to the Finance & Information Services Department. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution 03169 A resolution was read setting a hearing date on March 18, 1996, for vacating Vacation: Lind Ave portion of SW 21st St. (Martin Seelig/Shurgaard, VAC-96-001). MOVED BY SW/East Valley Road NELSON, SECONDED BY EDWARDS, COUNCIL ADOPT THE (Seelig, VAC-96-001) RESOLUTION AS PRESENTED. CARRIED. APPROVE© BY CITY COUNCIL Date -%Z-'7G TRANSPORTATION COMMITTEE COMMITTEE REPORT February 26, 1996 Acceptance of Appraisal, Street Vacation, VAC 95-001, Safeway, Inc. (Referred 2/19/96 ) The Transportation Committee recommends concurrence in the staff recommendation to accept the appraisal, and to set the compensation due from the petitioner at one-half the appraised value. King Parker, Acting Chair Kathy K er-Wheeler, Member cc: Tom Boyns, PBPW Property Services formsVeomv951.doc February 19, 1996 Renton City Council Minutes Pace 56 Vacation: Lake Ave S Property Services Division submitted appraisal in the amount of $320,000 for Street Vacation, VAC-95- VAC-95-001, street vacation on Lake Ave. S. from S. 3rd St. to Seattle's 001 (Safeway) Cedar River Pipeline Right -of -Way (Safeway, Inc.), and recommended the appraisal be approved and the applicant be directed to provide one-half the appraised value. Refer to Transportation Committee. Vacation: SW 13th Property Services Division submitted appraisal in the amount of $342,916.20 St/Maple Ave SW Street for VAC-94-004, SW 13th St. & Maple Ave. SW street vacation (Jamie Pierre). Vacation, VAC-94-004 Refer to Transportation Committee. (Pierre) Vacation: SW 12th St/SW Property Services Division submitted appraisal in the amount of $28,660 for Grady Way Street VAC-95-003, SW 12th St. & SW Grady Way west of Rainier Ave. S. alley Vacation, VAC-95-003 vacation (Sound Mazda). Refer to Transportation Committee. (Sound Mazda) Vacation: SW 12th/Grady Property Services Division submitted appraisal in the amount of $91,278 for Way/Maple & Lind Aves VAC-95-005, street vacation in the area of SW 12th St., SW Grady Way, and Street Vacation, VAC-95- Maple and Lind Aves. SW (Good Chevrolet). Refer to Transportation 005 (Good Chevrolet) Committee. CAG: 95-048, Nelson Pl Utility Systems Division submitted CAG-95-048, Nelson Pl. NW and Rainier NW/Rainier Ave N Storm Ave. N. storm system replacement project; and recommended approval of the System Replacement, West project, authorization for final pay estimate in the amount of $3,787, Coast Coast. commencement of 60-day lien period, and release of retained amount of $7,571.72 to West Coast Construction Co., contractor, if all required releases are obtained. Council concur. Transportation: Talbot Transportation Division proposed an agreement with the Renton School Elementary Crosswalk District for the relocation of the school crosswalk at Talbot Rd. S. and S. 23rd Relocation, Talbot Rd S & St. by Talbot Elementary School. The City's cost share is $4,250. Refer to S 23rd St Transportation Committee. Public Works: PWTF Utility Systems Division requested authorization to submit applications for Loans, Corrosion Control Public Works Trust Fund loans with interest rates of 1% for the corrosion & Rolling Hills Reservoir, control treatment and the Rolling Hills reservoir projects (loans of $938,000 CAG- and $1,980,000, respectively). Council concur. Public Works: PWTF Utility Systems Division recommended approval of an agreement accepting a Loan, Corrosion Control Public Works Trust Fund pre -construction loan in the amount of $173,400 for Facilities, CAG-96- corrosion control treatment facilities. The required City match is $96,600. Council concur. MOVED BY NELSON, SECONDED BY CLAWSON, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. AUDIENCE COMMENT Correspondence was read from Michael K. Hubbard, leasing manager for Citizen Comment: Trammell Crow Company, 5601 Sixth Ave. S., Seattle, 98108, asking that Hubbard - Pan Abode Site Council consider the rezone application for the Pan Abode site, located at N. Rezone Request (N 44th 44th St. and Lake Washington Blvd. N., from Light Industrial (IL) to Arterial St/Lk Wash Blvd N) Commercial (CA). MOVED BY NELSON, SECONDED BY KEOLKER- WHEELER, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED. /� n Tl'Y OF RENTON COUNCIL AGENDA ..,L Submitting Data: Planning/Buildmg/Public Works DeWDiv/BoW.. Property Services Staff Contact..... Tom Boyns Subject: Acceptance of Appraisal, Safeway, Inc.. Exhibits: Appraisal Review Comments Appraisal Minutes of Council Meeting 1 Street Vacation VAC AI #: For Agenda of Agenda Status Consent .............. Public Bearing.- 95-001, Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions....... InfOtmation......... Recommended Action: Approvals: Council refer to Transportation Committee regal Dept......... Finance Dept...... Other ............... 2/19/96 X Fiscal Impact: $160,000.00 Expenditure Required.. Norte Transfer/Amendment...... Amount Budgeted.......... Revenue Generated......... $160,000.00 Total Project Budget City Share Total Project. Summary of Action: This vacation petition was approved by the City Council following a public hearing held August 21, 1995. City Code requires an appraisal of the Right -of -Way proposed for vacation. This appraisal has been received, reviewed, and approved by the Administration. The appraisal determined that the fair market value of the Right -of -Way being vacated is $320,000.00, of which the petitioner will pay up to one-half, in accordance with RCW 35.79.030 and City Ordinance #4266, the amount to be set by the City Council.. Staff recommends collecting the maximum amount allowed from the petitioner, amounting to one-half of the appraised value. The amount due from the petitioner has been calculated as $320,000.00 divided by 2 = $1,70,000.00, if the staff recommendation is approved by Council. All other required fees have been paid by the petitioner. All other conditions of approval have been met. Upon acceptance of the appraisal, the City Clerk will notify the petitioner of the amount due. The petitioner will have 90 days from such notification to pay the sum. STAFF Upon receipt of the required amount, an Ordinance vacating the subject Right -of -Way will be adopted and recorded. Accept the appraisal, and set the compensation due from the petitioner at one-half the appraised value. REVIEW COMMENTS Independent Appraisal by Bruce C. Allen & Associates, Inc. STREET VACATION PETITION FILE # VAC 95-001 Lake Avenue South from S. 3rd Street to Seattle's Cedar River Pipeline Right of --Way PETITIONER - Safeway, Inc. Review by: Thomas G. Boyns, Property Services Supervisor January 12, 1996 GENERAL The report contained the necessary analysis for the appraiser to form an opinion of the fair market value of that portion of the roadway proposed for vacation. The report indicated that the Right - of -Way was appraised as vacant property. QUALIFIED APPRAISER The appraiser associate, John M. Hopkins, is experienced and a well qualified state certified appraiser. Bruce C. Allen, appraiser, is well qualified, state certified, holds the MAI designation, and has extensive experience in public and private appraisal work. PROPERTY VALUATION The subject property being Right -of -Way is not assessed for taxes by the King County Assessor, however the portion covered by a Right -of -Way Use Permit, is provided. It conforms with assessed values of adjoining parcels, and comports with the appraised value. , The market data approach was used as the only reliable method for use with vacant land sales. The fair market value was based upon direct comparison with sales of similar properties, with most weight placed upon the sale of the abutting property. ACCURACY OF RIGHT-OF-WAY AREA The square footage figure for the subject Right -of -Way area was provided. These figures have been checked and determined by staff to be accurate. LEGAL DESCRIPTION The legal description has been approved by the Property Services Section of Technical Services. FIELD INSPECTION An inspection of the subject property and all comparables was made by the appraiser. COMPARABLE SALES The fair market value was determined based upon direct comparison with recent sales of similar properties within a reasonable distance of the subject site. The adjustments to the comparable sales were found to be within a reasonable range of the subject site valuation. page 2 CONCLUSION It is the recommendation of the Property Services Section of the Department of Planning/Building/Public Works that the City accept the $320,000.00 appraised value of the subject Right -of -Way. The petitioners would be charged one-half of this sum, or, $160,000.00 which sum would be apportioned between the abutting owners in proportion to their individual receipt of vacated road segments as follow: Parcel # Owner Land Area $Cost 182305-9070 Taco Time 2,052.70 Sq Ft $ 9,180.00 182305-9076 Accord, Inc. 1,982.70 Sq Ft 8.860.00 182305-9071 Marion Carney 4,555.80 Sq Ft 20,360.00 182305-9062 KS Partnership 920.02 Sq Ft 4,110.00 -9063 8,280.18 Sq Ft 37,000.00 000720-0199 Gary Smith 8,255.50 Sq Ft 36,890.00 000720-0004 First Interstate 9,757.90 Sq Ft 43,600.00 Total 35 804.80 Sq Ft $160,000.00 C:\appraisal V95_1apr\tgb RENTON CITY COUNCIL Regular Meeting August Council Chambers Monday,, 7:30 pp,.m. Municipal Building MINUTES CALL TO ORDER Mayor Clymer led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF TIMOTHY SCHLITZER, Council President; RANDY CORMAN; BOB COUNCILMEMBERS EDWARDS; TONI NELSON; KATHY K EOLKER- WHEELER; RICHARD STREDICKE. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER JESSE TANNER. CARRIED. Councilman Tanner arrived at 8:00 p.m. CITY STAFF IN EARL CLYMER, Mayor, JAY COVINGTON, Executive Assistant to the ATTENDANCE Mayor; LAWRENCE J. WARREN, City Attorney; MARILYN J. PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; MICHAEL KATTERMANN, Planning & Technical Services Director; JENNIFER HENNING, Senior Planner; NEIL WATTS, Plan Review Supervisor; SUSAN CARLSON, Economic Development Director; ALLAN JOHNSON, Associate Planner; TOM BOYNS, Property Management Supervisor; CHIEF ALAN L. WALLIS, Police Department. PRESS Denis Law, Renton Reporter APPROVAL OF COUNCIL MINUTES MOVED BY SCHLITZER, SECONDED BY NELSON, COUNCIL APPROVE THE MINUTES OF AUGUST 14, 1995, AS PRESENTED. CARRIED. SPECIAL Chief of Police Alan L. Wallis presented plaques of appreciation to Sybil PRESENTATION Police Department Eades, Tom Flewin, and Cheri Taylor, each of whom have volunteered 500 hours of service to the Police Department. Volunteer Recognitions PUBLIC HEARINGS This being the date set and proper notices having been posted and published Vacation: Lake Ave S in accordance with local and State laws, Mayor Clymer opened the public (Safeway Inc/VAC-94- hearing to consider the petition to vacate a portion of Lake Ave. S. extending 001) south from S. 2nd to S. 3rd Streets (Safeway, Inc.; VAC-95-001). Mike Kattermann, Planning & Technical Services Director, explained that in August of 1994 the City received an application for a partial vacation of this street. After several questions and concerns were raised by those opposed to it, Council denied the application. Since then, staff has responded to the citizen comments and concerns, which included: whether the property should be leased rather than vacated; pedestrian use of and access through the property; and the costs required to relocate and upgrade utilities. The new application is for a full rather than a partial vacation of the entire right-of- way. Tom Boyns, Property Management Supervisor, narrated a video showing the area to be vacated. Mr. Boyns stated that abutting property owner Gary Smith, who last year strongly opposed the vacation, has since withdrawn his opposition. The vacation petition represents 77% of the abutting property August 21, 1995 Renton City Council Minutes Page 321 owners; according to state law, at least 60% of abutting property owners must approve a vacation. Mr. Kattermann concluded that the planned redevelopment of the nearby Safeway store cannot proceed without the vacation of Lake Ave. S. Both staff and the Board of Public Works recommend that Council approve the vacation as requested. A letter from the Board of Public Works was read, recommending that the vacation be granted subject to the retention by the City of an easement for existing water mains, sewer mains and surface water facilities, all in their current alignment, with the provision that should development require relocation of these facilities, that the developer may provide and pay for such relocation subject to City approval and receipt of new utility easements. Correspondence was read from Barbara Krauss, Executive Director of the Downtown Renton Association (DRA), PO Box 154, Renton, 98057. indicating that the DRA's Board of Directors endorses the proposed vacation. Responding to Councilman Stredicke, Mr. Boyns said the City's lease of a portion of this property to Sound Subaru is revocable with 30 days' notice. Audience comment was invited. Barbara Krauss, Executive Director of the Downtown Renton Association, PO Box 154, Renton, 98057, reiterated that the DRA supports the proposed vacation. Ms. Krauss added that the redevelopment of Safeway represents this area's last chance to have a supermarket which downtown residents can easily access. Rich Wagner, 10801 Main St., Suite 110, Bellevue, 98004, explained that although Safeway Inc. is not an abutting property owner to the right-of-way, it has taken the lead in organizing the vacation effort. Mr. Wagner briefly reviewed the history of the vacation application and stated that 100% of the abutting property owners now support the vacation. Matt Tonkin, 3300 Maple Valley Hwy., Renton, 98055, representing Taco Time, described problems with the current unimproved right-of-way, saying this vacant land has generated crime problems that affect nearby businesses such as his. Mitch Johnson, 1000 - 124th Ave. NE, Bellevue, 98044, representing Safeway, said Safeway is excited to modernize and improve its downtown Renton store, which in 1993 celebrated its 70th anniversary. He added that Safeway is in agreement with all adjacent property owners regarding either the purchase or lease of their properties for its redevelopment plans. Christy Weaver, 17702 Palomino Dr., Bothell, representing Gary Smith, confirmed that he has withdrawn his objection of this vacation, on the conditions that the easements requested by the City's utility divisions are required and that a designated pedestrian walkway be provided from S. 2nd to S. 3rd Streets. There being no further public comment, it was MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. n n August 21, 1995 Renton City Council Minutes Page a» MOVED BY STREDICKE, SECONDED BY CORMAN, COUNCIL GRANT THE VACATION OF LAKE AVE. S. BETWEEN S. 2ND AND S. 3RD STREETS AS REQUESTED, SUBJECT TO THE RETENTION BY THE CITY OF EASEMENTS FOR EXISTING WATER MAINS, SEWER MAINS AND SURFACE WATER FACILITIES IN ALL THEIR CURRENT ALIGNMENTS WITH THE PROVISION THAT SHOULD DEVELOPMENT REQUIRE RELOCATION OF THESE FACILITIES, THAT THE DEVELOPER MAY PROVIDE AND PAY FOR SUCH RELOCATION SUBJECT TO CITY APPROVAL AND RECEIPT OF NEW UTILITY EASEMENTS. CARRIED. Vacation: Maplewood PI This being the date set and proper notices having been posted and published SE, SR-169 to SE 6th St in accordance with local and State laws, Mayor Clymer opened the public (Humble/VAC-95-004) hearing to consider the petition to vacate a portion of Maplewood PI. SE from SR-169 to SE 6th St. (Robert Humble; VAC-95-004). Property Management Supervisor Tom Boyns explained that Maplewood PI. SE was originally platted as part of Maplewood Division II. The petitioner is proceeding with plans to construct an office building on an adjacent parcel, and has requested the vacation to enlarge the property. Mr. Boyns concluded with the staff recommendation that Council grant the vacation, subject to the following conditions recommended by the Board of Public Works in a letter entered for the record: 1. The City retain an easement for utilities over the existing utilities; 2. The vacation be reduced in size 360 square feet to four feet behind the existing sidewalk, as requested by the City's Transportation Division to allow room for any future street lighting foundations or traffic control signing; and 3. The petitioner provide easements in their current alignments for US West and Puget Power. Councilmember Nelson asked if the development plans for an insurance office on an adjoining site can proceed even if the vacation is reduced in size as requested by the Transportation Division. Mr. Boyns confirmed that this reduction will have no effect on the planned development. Audience comment was invited. There being none, it was MOVED BY STREDICKE, SECONDED BY SCHLITZER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL GRANT THE MAPLEWOOD PL. S.E. STREET VACATION AS REQUESTED, SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF. CARRIED. Planning: The Orchards This being the date set and proper notices having been posted and published Demonstration Project, in accordance with local and State laws, Mayor Clymer opened the public NE 4th St/Duvall Ave NE hearing to consider a proposed residential demonstration project for The Orchards, a 118-unit residential complex on an 18.42 acre site located north of NE 4th Street and east and west of Duvall Avenue NE. Planning & Technical Services Director Kattermann introduced the subject by explaining that the entire site generally referred to as The Orchards is comprised of 62 acres. Under the original site plan that was approved three years ago, parcels E, F and G were to be developed with 213 multi -family units and 28,000 square feet of commercial and office space. The current CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: December 6, 1995 TO: Marilyn Petersen, City Clerk FROM: Tom Boyns, Property Services Supervisor, 6209 C5� SUBJECT: Road Vacations, VAC 95-001 & VAC 95-004 Thank you for the copies of your letters to the petitioners in these street vacation subjects. I am still learning the procedures and have been seriously remiss, and beg your pardon. Please accept the attached receipts for each file. Henceforth I promise to forward any such important matters the moment I receive them. In both cases the appraisal deposit has been received. In the Lake Avenue South matter, the processing fee was also received. In the Maplewood Place SE matter, the entire appraisal fee has been paid, however I have no record of the processing fee having been received. I have called both petitioners to explain that any confusion is my error. DUPLICATE RECEIPT DUPLICATE RECEIPT CITY OF RENTON CITY TREASURER REG/RCPT : 02-27046 C:18-89-1995 CASHIER ID : G 09:29:86 A:18-69-1995 ------------------------------------- ------------------------------------- 8808 MISCELLANEOUS REV $600.06 SAFEWAY-LAKE ST ROAD VACATION 604.808.00.237.88.08.888868 8008 MISCELLANEOUS REV $250.00 MISC. REVENUE 0 0.900.00.395.10.00.@00000 TOTAL DUE $850.00 RECEIVED FROM: SAFEWAY CHECK $600.88 CHECK $250.80 ----------------- TOTAL TENDERED $850.00 CHANGE DUE f8.00 DUPLICATE RECEIPT DUPLICATE RECEIPT CITY 3F RENTON City Clerk Earl Clymer, Mayor Marilyn J. Petersen December 5, 1995 Mr. Richard Wagner Baylis Brand Wagner 10801 Main Street, Ste. 110 Bellevue, WA 98004 Re: Lam.Avenue South Vacation Request, VAC-95-001 Dear r agner: The referenced street vacation was approved on August 21, 1995, subject to retention of easements by the City for existing water mains, sewer mains and surface water facilities in all their current alignments. As requested by letter dated September 6, 1995, a $250 street vacation processing fee and a $600 deposit for the property appraisal are due and payable at this time, c/o city clerk. Please let me know if you anticipate a lengthy delay in proceeding with the vacation proposal. I can be reached at 235-2502. If additional information or assistance is needed, please feel free to call. Sincerely, Mari yn a ersen City Clerk cc: Tom Boyns, Property Services Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 0 This paper contains 50% recycled material, 25%post consumer c: CITY ,)F RENTON .0 Earl Clvme September 6, 1995 Mr. Richard Wagner Baylis Brand Wagner 10801 Main Street, Ste. I10 Bellevue, WA 98004 Re: Lake Avenue South Vacation Request, VAC-95-001 Dear Mr. Wagner: City Clerk Marilyn J. Petersen Following the public hearing held by the Renton City Council on August 21, 1995, the Council approved the referenced vacation subject to the retention by the City of Renton_ of easements for existing water mains, sewer mains and surface water facilities in all their current alignments. Should future development require relocation of these facilities, the developer may provide and pay for such relocation subject to City approval and receipt of new utility easements. As required by Renton City Code Section 9-14.5.A., a $250 street vacation processing fee and a $600 deposit for the proeprty appraisal is due and payable at this time, c/o city clerk. The Planning/Building/Public Works Administator will obtain an independent appraisal of that portion of the street to be vacated. The cost of the appraisal is to be borne by the applicant. Following acceptance of the appraisal by the City Council, the petitioners shall have 90 days in which to pay the compensation for the vacated parcel. An ordinance will be adopted finalizing the vacation, a copy of which will be recorded with King County Records Department. I£ I can provide additional information or assistance regarding this process, please feel free to call. Sincerely, Marilyn a rsen City Clerk cc: Mayor Earl Clymer Council President Timothy Schlitzer Tom Boyns, Property Management Division 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50% recycled material, 25 %post consumer August 21, 1995 Monday, 7:30 p.m. CALL TO ORDER ROLL CALL OF COUNCILMEMBERS RENTON CITY COUNCIL Regular Meeting Council Chambers Municipal Building MINUTES Mayor Clymer led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. TIMOTHY SCHLITZER, Council President; RANDY CORMAN; BOB EDWARDS; TONI NELSON; KATHY KEOLKER-WHEELER; RICHARD STREDICKE. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER JESSE TANNER. CARRIED. Councilman Tanner arrived at 8:00 p.m. CITY STAFF IN EARL CLYMER, Mayor; JAY COVINGTON, Executive Assistant to the ATTENDANCE Mayor; LAWRENCE J. WARREN, City Attorney; MARILYN J. PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; MICHAEL KATTERMANN, Planning & Technical Services Director; JENNIFER HENNING, Senior Planner; NEIL WATTS, Plan Review Supervisor; SUSAN CARLSON, Economic Development Director; ALLAN JOHNSON, Associate Planner; TOM BOYNS, Property Management Supervisor; CHIEF ALAN L. WALLIS, Police Department. PRESS Denis Law, Renton Reporter APPROVAL OF COUNCIL MINUTES SPECIAL PRESENTATION Police Department Volunteer Recognitions PUBLIC HEARINGS Vacation: Lake Ave S (Safeway nc -94- 001) MOVED BY SCHLITZER, SECONDED BY NELSON, COUNCIL APPROVE THE MINUTES OF AUGUST 14, 1995, AS PRESENTED. CARRIED. Chief of Police Alan L. Wallis presented plaques of appreciation to Sybil Eades, Tom Flewin, and Cheri Taylor, each of whom have volunteered 500 hours of service to the Police Department. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Clymer opened the public hearing to consider the petition to vacate a portion of Lake Ave. S. extending south from S. 2nd to S. 3rd Streets (Safeway, Inc., VAC-95-001). Mike Kattermann, Planning & Technical Services Director, explained that in August of 1994 the City received an application for a partial vacation of this street. After several questions and concerns were raised by those opposed to it, Council denied the application. Since then, staff has responded to the citizen comments and concerns, which included: whether the property should be leased rather than vacated; pedestrian use of and access through the property; and the costs required to relocate and upgrade utilities. The new application is for a full rather than a partial vacation of the entire right-of- way. Tom Boyns, Property Management Supervisor, narrated a video showing the area to be vacated. Mr. Boyns stated that abutting property owner Gary Smith, who last year strongly opposed the vacation, has since withdrawn his opposition. The vacation petition represents 77% of the abutting property August 21, 1995 Renton City Council Minutes Page 321 owners; according to state law, at least 60% of abutting property owners must approve a vacation. Mr. Kattermann concluded that the planned redevelopment of the nearby Safeway store cannot proceed without the vacation of Lake Ave. S. Both staff and the Board of Public Works recommend that Council approve the vacation as requested. A letter from the Board of Public Works was read, recommending that the vacation be granted subject to the retention by the City of an easement for existing water mains, sewer mains and surface water facilities, all in their current alignment, with the provision that should development require relocation of these facilities, that the developer may provide and pay for such relocation subject to City approval and receipt of new utility easements. Correspondence was read from Barbara Krauss, Executive Director of the Downtown Renton Association (DRA), PO Box 154, Renton, 98057, indicating that the DRA's Board of Directors endorses the proposed vacation. Responding to Councilman Stredicke, Mr. Boyns said the City's lease of a portion of this property to Sound Subaru is revocable with 30 days' notice. Audience comment was invited. Barbara Krauss, Executive Director of the Downtown Renton Association, PO Box 154, Renton, 98057, reiterated that the DRA supports the proposed vacation. Ms. Krauss added that the redevelopment of Safeway represents this area's last chance to have a supermarket which downtown residents can easily access. Rich Wagner, 10801 Main St., Suite 110, Bellevue, 98004, explained that although Safeway Inc. is not an abutting property owner to the right-of-way, it has taken the lead in organizing the vacation effort. Mr. Wagner briefly reviewed the history of the vacation application and stated that 100% of the abutting property owners now support the vacation. Matt Tonkin, 3300 Maple Valley Hwy., Renton, 98055, representing Taco Time, described problems with the current unimproved right-of-way, saying this vacant land has generated crime problems that affect nearby businesses such as his. Mitch Johnson, 1000 - 124th Ave. NE, Bellevue, 98044, representing Safeway, said Safeway is excited to modernize and improve its downtown Renton store, which in 1993 celebrated its 70th anniversary. He added that Safeway is in agreement with all adjacent property owners regarding either the purchase or lease of their properties for its redevelopment plans. Christy Weaver, 17702 Palomino Dr., Bothell, representing Gary Smith, confirmed that he has withdrawn his objection of this vacation, on the conditions that the easements requested by the City's utility divisions are required and that a designated pedestrian walkway be provided from S. 2nd to S. 3rd Streets. There being no further public comment, it was MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. August 21, 1995 Renton City Council Minutes Page 322 Vacation: Maplewood PI SE, SR-169 to SE 6th St (Humble/VAC-95-004) MOVED BY STREDICKE, SECONDED BY CORMAN, COUNCIL GRANT THE VACATION OF LAKE AVE. S. BETWEEN S. 2ND AND S. 3RD STREETS AS REQUESTED, SUBJECT TO THE RETENTION BY THE CITY OF EASEMENTS FOR EXISTING WATER MAINS, SEWER MAINS AND SURFACE WATER FACILITIES IN ALL THEIR CURRENT ALIGNMENTS WITH THE PROVISION THAT SHOULD DEVELOPMENT REQUIRE RELOCATION OF THESE FACILITIES, THAT THE DEVELOPER MAY PROVIDE AND PAY FOR SUCH RELOCATION SUBJECT TO CITY APPROVAL AND RECEIPT OF NEW UTILITY EASEMENTS. CARRIED. This being the date set and proper notices having been posted and published in accordance with local and State laws, Mayor Clymer opened the public hearing to consider the petition to vacate a portion of Maplewood Pl. SE from SR-169 to SE 6th St. (Robert Humble; VAC-95-004). Property Management Supervisor Tom Boyns explained that Maplewood Pl. SE was originally platted as part of Maplewood Division II. The petitioner is proceeding with plans to construct an office building on an adjacent parcel, and has requested the vacation to enlarge the property. Mr. Boyns concluded with the staff recommendation that Council grant the vacation, subject to the following conditions recommended by the Board of Public Works in a letter entered for the record: 1. The City retain an easement for utilities over the existing utilities; 2. The vacation be reduced in size 360 square feet to four feet behind the existing sidewalk, as requested by the City's Transportation Division to allow room for any future street lighting foundations or traffic control signing; and 3. The petitioner provide easements in their current alignments for US West and Puget Power. Councilmember Nelson asked if the development plans for an insurance office on an adjoining site can proceed even if the vacation is reduced in size as requested by the Transportation Division. Mr. Boyns confirmed that this reduction will have no effect on the planned development. Audience comment was invited. There being none, it was MOVED BY STREDICKE, SECONDED BY SCHLITZER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL GRANT THE MAPLEWOOD PL. S.E. STREET VACATION AS REQUESTED, SUBJECT TO THE CONDITIONS RECOMMENDED BY STAFF. CARRIED. Planning: The Orchards This being the date set and proper notices having been posted and published Demonstration Project, in accordance with local and State laws, Mayor Clymer opened the public NE 4th St/Duvall Ave NE hearing to consider a proposed residential demonstration project for The Orchards, a 118-unit residential complex on an 18.42 acre site located north of NE 4th Street and east and west of Duvall Avenue NE. Planning & Technical Services Director Kattermann introduced the subject by explaining that the entire site generally referred to as The Orchards is comprised of 62 acres. Under the original site plan that was approved three years ago, parcels E, F and G were to be developed with 213 multi -family units and 28,000 square feet of commercial and office space. The current 25-1995 10:23 SAFEWAY REAL ESTATE —SEA 206 637 2266 P.08i10 ,aly 14, 1995 page 2 LAND USE; The abutting properties are zoned Commercial Arterial (CA). The petitioners' properties include the former motel site now vacant, two additional vacant sites, an auto dealership, and flame shop. PURPOSB� This vacation is being sought to transfu by sale atcess City Right -of --Way to the aQiacent owners who have expressed the intent to work together to develop a Master Plan lbr the rodevelopmnnt and enhancement oe the block as a reran Center. Several currant problems would be addressed by the intended development including auto access to SaAWW across S. 2nd Street from Labe Street, enhanced pedestrian access from S. 2nd Street to S. 3rd Street through the block, and upgrading storm water systems currently in place. The City 111&-Of--Way to be vacated is not expected to be needed for tiansportatiolt purposes other than for access to the petitioners' own property. RESE _ RCR! UR T'ha current proposed street vacation request was circulated to various City deparanents and outside agencies for cammcnts. Tina following Is a strtnmary of responses received from all concerned parties: 1, The Storm Water [utility Vivisioa stated that the Division requests an casement 20 feet is width be rotained for eristurg stoner water ,$ditties and future improvements to the current facilities. Tile division does not oppose the vacation. 2. The Wastewater Utility Division dogs not oppose tt,c vacation with condition that an easement be provided .for, over the entire Righ"i~Way being vacated. 3. The Water Utility )Division does not oppose the vacation with condition that an easement be reserved over the tmtire vacated Right-af-Way. 4. The Tmwpormtkm Systems Division recommends approval of this vacation conditioned on provision Of a designated pedestrian walkway through from S 2nd to S 3rd Streets. 5. The Maintenance Division recommended a utility wseir=t and expressed concern about alternate locations for temporary storage of street swo-%W debris. 6. The Fire Prevention Department recommends approving the street vacatiotpetition. 7. The Community Services Department (Parks Division), the police Department mado no recommendation. S- Development Planning approves the request. 9. INTO response was received from the City of Renton Development Servioos Division, Washington Natural Gas, Puget Power, US West Communic4ons, or M Cable. SILL 21 '95 (FBI) 15r41 COb94UNI CAT ON N. r54 PACr.9 LAKE AV!t-'Nult STREET VACATION Background • Process & Review Conclusion BACKGROUND • Original request 8194 for partial vacation Several comments & questions raised at public hearing 8/94 • Council denied original request BACKGROUND Council requested additional information on status of Lake Ave., 1/95 • Staff briefed Committee of the Whole 3/95 on status & responded to citizen concerns Page 1 BACKGROUND Summary of citizen comments • Lease v. vacation of property • Pedestrian use of & access through property • Conflict of interest BACKGROUND Summary of citizen comments Relocation of utilities & cost of upgrades • Partial v. full vacation • Financial benefit to City PROCESS & REVIEW • Petition • Agency concurrence • Board of Public Works • Public Hearing & Decision Page 2 CONCLUSION Safeway redevelopment cannot proceed without street vacation • Proposal is to vacate entire right- of-way between 2nd & 3rd CONCLUSION • Site Plan issues will be reviewed at time of development application • Staff & Board of Public Works recommend approval Page 3 CITY OF RENTON BOARD OF PUBLIC WORKS MEMORANDUM DATE: August 2, 1995 TO: City Council Members \ FROM: James C. Hanson, Chairman Board of Public Works SUBJECT: STREET VACATION PETITION # AC 95-001 LAKE AVENUE S/S 2ND ST TO S 3RD ST On August 2, 1995 the Board of Public Works reviewed the subject petition and recommend to Council that the vacation be granted subject to the retention by the City of an easement for existing water mains, sewer mains, and surface water facilities all in their current alignment with the provision that should development require relocation of these facilities that the developer may provide and pay for such relocation subject to City approval and receipt of new utility easements. BPW95007 cc: Mayor Clymer Gregg Zimmerman Tom Boyns �vESTINATI% Downtown Renton DOWNTOWN �En.ton ASSOCIATION INC. August 17, 1995 Renton City Council City of Renton 200 Mill Ave. S. Renton, WA 98055 Dear Renton City Council Members; RECEIVED AUG 21 1995 RENTON CITY COUNCIL The Downtown Renton Association Board of Directors has voted to endorse the proposed vacation of Lake Avenue South. It is the Board's belief that the vacation will help to create a greater identity for Renton, and will promote the redevelopment of the downtown. The Downtown Renton Association looks forward to working with Safeway and the City as they go through the public process of reviewing the site plan. Respectfully yours; Barbara Krauss Executive Director cc: Mayor Earl Clymer Rich Wagner 212 Wells Ave. S., Suite G P. O. Box 154 Renton, WA 98057 (206) 226-9541 Fax: (206) 277-2006 STREET VACATION PETITION VAC 95-001 53 CITY OF RENTON STREET VACATION PETITION FILE # VAC 95-001 PETITIONER - Safeway, Inc., et. al. SUBJECT: STREET VACATION REQUEST LAKE AVENUE SOUTH - S 3RD STREET TO SEATTLE WATER LINE RIGHT-OF-WAY ISSUE: The petitioners request vacation of that portion of Lake Avenue South bounded on the south by the north Right -of -Way margin of South 3rd Street, and on the north by the south Right -of -Way margin of the Seattle water pipeline along South 2nd Street. Please refer to the map attached hereto. RECOMMENDATION: The Planning/Building/Public Works Department and the Board of Public Works recommend to Council that the vacation be granted subject to the retention by the City of Renton of an easement for existing water mains, sewer mains and surface water facilities all in their current alignments with the provision that should development require relocation of these facilities that the developer may provide and pay for such relocation subject to City approval and receipt of new utility easements. BACKGROUND: The subject Right -of -Way was dedicated for public highway purposes in 1963, according to the Supplemental Maps of Renton Shorelands, as shown on the official maps on file in the office of the Commissioner of public Lands in Olympia, Washington. This street vacation request amends a previous petition first received on May 10, 1994 (VAC 94-005) which requested a partial vacation of this roadway segment. The subject Right -of -Way is not open and remains unimproved except for the utilities in place, and the Subaru auto dealership use area under a Right -of -Way Use Permit. The site is generally level and the unused portion is covered with mixed vegetation of grasses, brush, and trees. The petitioner expressed the purpose of this vacation to be to transfer by sale excess City property to the adjacent property owners who can then work together to develop a Master Plan for the redevelopment and enhancement of the block as a retail center serving the needs of the downtown and west hill residents and workers. Elements of this plan would include addressing a current traffic problem of southbound traffic from Lake Avenue South north of S 2nd Street crossing S 2nd Street at anangle against traffic to enter the Safeway parking lot; and, providing mid block pedestrian access between S 2nd Street and S 3rd Street. WE n page 2 The petitioner has requested the opportunity to investigate with City staff the possibility and cost to relocate some or all of the utilities currently in the Right -of -Way at the developer's cost. RESEARCH/SURVEY: The current proposed street vacation request was circulated to various City departments and outside agencies for comments. The following is a summary of responses received from all concerned parties: 1. The Storm Water Utility Division stated that the Division requests an easement 20 feet in width be retained for existing storm water facilities and future improvements to the current facilities. The division does not oppose the vacation. 2. The Wastewater Utility Division does not oppose the vacation with condition that an easement be provided for, over the entire Right -of -Way being vacated. 3. The Water Utility Division does not oppose the vacation with condition that an easement be reserved over the entire vacated Right -of -Way. 4. The Transportation Systems Division recommends approval of this vacation conditioned on provision of a designated pedestrian walkway through from S 2nd to S 3rd Streets. 5. The Maintenance Division recommended a utility easement and expressed concern about alternate locations for temporary storage of street sweeper debris. 6. The Fire Prevention Department recommends approving the street vacation petition. 7. The Community Services Department (Parks Division), the Police Department made no recommendation. 8. Development Planning approves the request. 9. No response was received from the City of Renton Development Services Division, Washington Natural Gas, Puget Power, US West Communications, or TCI Cable. Wk I -- 4SYSY�� F /C23I' RAINIER A VE. °SOUTi I N4y�� 0 ZO �. sic im> am � moo �m o~? rZ� �FV r I )oi bnm2 ��� =p0 r'� o2Z "MD. zi off 22 �A � eu ' Ob r O LL. a SHA TTUCK A7E —SOU TH N 0 11Y0 E § 15/.E6' RIGHT OF WAY LEGAL DESCRIPTION THAT PORTION OF THE SECOND SUPPLEMENTAL MAPS OF RENTON SHORE LANDS, AS SHOWN ON THE OFFICIAL MAPS THEREOF ON FILE IN THE OFFICE OF THE LAND COMMISSIONER OF PUBLIC LANDS AT OLYMPIA, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SOUTH 3RD STREET AND THE CENTERLINE OF LAKE AVENUE SOUTH AS SHOWN ON THE RENTON SHORE LANDS SECOND SUPPLEMENTAL MAPS; THENCE NORTH 71003132" EAST ALONG THE CENTERLINE OF LAKE AVENUE SOUTH A DISTANCE OF 127.79 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY MARGIN OF SOUTH 3RD STREET, SAID POINT BEING ON A CURVE WHOSE CENTER BEARS NORTH 28029'27" EAST WITH A RADIUS OF 129.15 FEET, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING: THENCE SOUTHEASTERLY ALONG SAID CURVE WITH A RADIUS OF 129.15 FEET, AN ARC DISTANCE OF 51.32 FEET TO AN INTERSECTION WITH THE SOUTHERLY MARGIN OF LAKE AVENUE SOUTH; THENCE NORTHEASTERLY ALONG THE SOUTHERLY MARGIN OF LAKE AVENUE SOUTH, NORTH 71003'32" EAST 88.39 FEET; THENCE ALONG A CURVE TO THE LEFT, WHOSE CENTER BEARS NORTH 18056'28" WEST WITH A RADIUS OF 254.69 FEET, AN ARC DISTANCE OF 260.89 FEET; THENCE NORTH 12°22'06" EAST A DISTANCE OF 245.78 FEET, MORE OR LESS, TO THE SOUTH MARGIN OF THE CITY OF SEATTLE PIPE LINE RIGHT OF WAY; THENCE NORTH 88°22'20" WEST ALONG SAID RIGHT OF WAY A DISTANCE 61.07 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF LAKE AVENUE SOUTH; THENCE SOUTH 12°22'06" WEST ALONG SAID WESTERLY MARGIN A DISTANCE OF 234.39 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 77037'54" WEST WITH A RADIUS OF 194.69 FEET, AN ARC DISTANCE OF 199.43 FEET; THENCE SOUTH 71003'32" WEST A DISTANCE OF 150.20 FEET TO THE NORTHERLY MARGIN OF SOUTH 3RD STREET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 44041'17" EAST WITH A RADIUS OF 129.15 FEET, AN ARC DISTANCE OF 36.51 FEET TO THE TRUE POINT OF BEGINNING. SITUATED IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., COUNTY OF KING, STATE OF WASHINGTON. n 3Dw CD CD c C s (O 0�M s m a = - y 7 -. O c —.o 'o O CD -, M m W CD m 0- w 3 (D a N N CD�. <`°c O O W O. O o c 0-w w o �y�p�li 0 ° m CD 0 CD wmmc�m0aw0 a y CZ:m j 0 OC m% CD A ° `G C (D O Q p r I n 2h-% o N m CDO~ 7 ID w 0 0 0 fn �3°m*'�0 CD m CD m m � = — CD W =moo' o a� - n o Z .. O» 0 3wa��'<_.. �". CD U! - y w O m w 3 w — w a p m CD 2) -0 CD m 7C O o CD •< m 0_(aw o�mi Q �\ < w o 'o m c o ID w a w w '� a m o a �L co CD 0 v co o 0 CD 0 0 N D oa° _ CD co s�� w^�Daw��vw,m m S a m m C a o 0�(0 Q (O '< `D w c 6 c µ Q W w- ID D N 0 7 w �CD � Dw< Nr m a C7 w o-mow >> CD cmo. ow�vF,(O'oow 0Qm .cO \ o� w o 7c -0nc 0 t0 <' �. „ N O w O O O - 0 < w Z CD. C D N O ID w N u! 0 0 O 0 3 Cr w 0 0 - N O = X' w 0 m CD m 7 d C CD m m 7 r m 0 w 9 CD 0 7 m �c�c'umia?=o aDr nm m.F tno�n� o O m M mu- zo 3mm�N3 �in�(unvm omg��; mZ° < m9'vm Jmm�»� .D CDc�Vsm-c WQm mm m n0 00 O n mmn.md ncJ �m Opp x O0 m romi5<^�d�gNro'm3n<cm Z gym.»Dmoo3 j y m d O m J 3 um 3ZnD J m Q m m � M m _m F n52agm 5. m aim �Si� m NDO dE admo3af m'gm ¢a.m-.ID S<S_ a.?'o ^o .dd3 mRm Jm c m -7fi9-r— �O�i" OQrn� O O O rt co ri r n r w 7C �w rt� a� c ko 00 o � N F-' PRE&ORTEO FEW 6t,A9ie l� N1 CITY 7F RENTON ru Earl Clymer, Mayor July 20, 1995 Mr. Rich Wagner Baylis Brand Wagner 10801 Main Street, Ste 110 Bellevue, WA 98004 Re: Lake Avenue South Vacation Request; VAC-95-001 Dear Mr. Wagner: City Clerk Marilyn J. Petersen At the regular Council meeting of July 17, 1995, the Renton City Council adopted Resolution No. 3139 setting August 21, 1995, as the date for a public hearing to consider the petition to vacate a portion of Lake Avenue South from South 2nd Street to South 3rd Street. The public hearing will be held at 7:30 p.m. on Monday, August 21, 1995, in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton WA 98055. Interested parties are invited to attend and present testimony in support or opposition to the proposal. A copy of the resolution is enclosed for your information. Notification of the public hearing has also been mailed to all petitioners. If I can provide additional information or assistance, please feel free to call. Sincerely, AMarilNyP ersen City Clerk c: Tom Boyns, Property Management Division Frank Tonkin, 3300 Maple Valley Highway, Renton 98058 Marion Carney, P.O. Box 567, Renton 98057 Wendco NW Ltd Partnership, P.O. Box 256, Dublin, Ohio 43017 Rich Snyder, K.S. Partnership, 263 Rainier Av S. #204, 98055 Gary Smith, 108 S. 3rd #3, Renton 98055 Don McKay, 20822 39th Ave SE, Bothell, 98021 Eric. 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 ® This paper contains 50% recycled material, 25%post consumer CITY OF RENTON, WASHINGTON RESOLUTION NO. 3139 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE FOR VACATING A PORTION OF LAKE AVENUE SOUTH (SAFEWAY, INC. - VAC-95-001) WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on or about May 23, 1995, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of a certain street, as hereinafter more particularly described, and said petition having been signed by the owners of more than two -third (2/3) of the property abutting upon a portion of said street sought to be vacated, and same being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Portion of Lake Avenue South extending south from South Second Street to South Third Street) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. That the 21st day of August, 1995 at the hour of 7:30 P.M. at the City Council Chambers in the Municipal Building, Renton, King County, Washington, be and is hereby fixed as the time and place when the aforesaid Petition for vacating the aforesaid portion of Lake Avenue South extending south from South Second Street to South Third Street shall be heard and determined, which said hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. RESOLUTION NO. 3139 SECTION II. The City Clerk is 'hereby authorized and directed to give notice of said time and hearing as provided in RCW 35.79,020 and any and/or 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 at or prior to the time of hearing on said vacation. SECTION III. The City Council shall determine, as provided in RCW 35.79.030, as to whether an appraisal shall be secured to ascertain the fair market value of the property sought to be vacated as provided for in Ordinance No. 3635 and the amount of compensation to be paid by the Petitioner -Owners to the City for such vacation, but which said amount shall not exceed one-half (1/2) of the appraised value of the area to be vacated. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this 17th day of July 1995. v Marily d_. Petersen, City Clerk APPROVED BY THE MAYOR this 17th day of July 1995. Approved as to form: La ce J. War City Attorney RES.465:7/11/95. 2 RIGHT OF WAY LEGAL DESCRIPTION THAT PORTION OF THE SECOND SUPPLEMENTAL MAPS OF RENTON SHORE LANDS, AS SHOWN ON THE OFFICIAL MAPS THEREOF ON FILE IN THE OFFICE OF THE LAND COMMISSIONER OF PUBLIC LANDS AT OLYMPIA, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SOUTH 3RD STREET AND THE CENTERLINE OF LAKE AVENUE SOUTH AS SHOWN ON THE RENTON SHORE LANDS SECOND SUPPLEMENTAL MAPS; THENCE NORTH 71003'32" EAST ALONG THE CENTERLINE OF LAKE AVENUE SOUTH A DISTANCE OF 127.79 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY MARGIN OF SOUTH 3RD STREET, SAID POINT BEING ON A CURVE WHOSE CENTER BEARS NORTH 28029'27" EAST WITH A RADIUS OF 129.15 FEET, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING: THENCE SOUTHEASTERLY ALONG SAID CURVE WITH A RADIUS OF 129.15 FEET, AN ARC DISTANCE OF 51.32 FEET TO AN INTERSECTION WITH THE SOUTHERLY MARGIN OF LAKE AVENUE SOUTH; THENCE NORTHEASTERLY ALONG THE SOUTHERLY MARGIN OF LAKE AVENUE SOUTH, NORTH 71003132" EAST 88.39 FEET; THENCE ALONG A CURVE TO THE LEFT, WHOSE CENTER BEARS NORTH 18056'28" WEST WITH A RADIUS OF 254.69 FEET, AN ARC DISTANCE OF 260.89 FEET; THENCE NORTH 12022'06" EAST A DISTANCE OF 245.78 FEET, MORE OR LESS, TO THE SOUTH MARGIN OF THE CITY OF SEATTLE PIPE LINE RIGHT OF WAY; THENCE NORTH 88022'20" WEST ALONG SAID RIGHT OF WAY A DISTANCE 61.07 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF LAKE AVENUE SOUTH; THENCE SOUTH 12022'06" WEST ALONG SAID WESTERLY MARGIN A DISTANCE OF 234.39 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 77037'54" WEST WITH A RADIUS OF 194.69 FEET, AN ARC DISTANCE OF 199.43 FEET; THENCE SOUTH 71003'32" WEST A DISTANCE OF 150.20 FEET TO THE NORTHERLY MARGIN OF SOUTH 3RD STREET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 44041'17" EAST WITH A RADIUS OF 129.15 FEET, AN ARC DISTANCE OF 36.51 FEET TO THE TRUE POINT OF BEGINNING. SITUATED IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., COUNTY OF KING, STATE OF WASHINGTON. SEE Sw le•ES-� //.vi/ah.1/.tJ.J • A I N, pt S.S. ... .y= --•�� _. I1W. F/. A, cJ o I Y N O 0 \ N b le =a �4. 'a 0 Y C O '•O e r.� rn VyQ Ooo I. Hints. O, y N r, td td 5 0 c� _ N p9,0'Sa M QI'b%OF lE2 Jl' S,JQap• E _ ,AJ RA INIER AVE. IsOUPC 57� N rd nnyD Cl a � ,l I r - - a 'c• R "`999 J4 C,q4C 7J4 J9• n o ` Nf2 q v 74p OJ• ipg E' n cf) FNba �qK 2451z � CA n � V C � �� ^ Z. cm W _ cn I Z I iz ~ cAa mo tn ma >mm �Llz n yp0 O~2 r m2 Ipp v O Ll� vAD o .11 2Ll I Q � A r O y 4� 5HA T TUCK A-VE—SOUTH q n �„➢YO f �SLS6' LOCATIONS OF POSTINGS DONE ON �--IO 11995. 1. V20 2. 5. 6. CERTIFICATION STATE OF WASHINGTON) ss COUNTY OF KING 4Q r)v/ a E? I !� ' � ^ t!� EREBY CERTIFY THAT ((/ COPIES OF THE ABOVE NOTICE WEREJ POSTED BY ME IN THREE OR MORE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED AND TWO COPIES WERE POSTED AT THE RENTON MUNICIPAL BUILDING, ,'= MILL AVENUE S., RENTON, WA ON DATE OF � 'j0 `� SIGNED TO BEFORE ME this / 07Lk— day of 19 /J Notary Public in and for the State of Washington, residing at NOTICE RENTON CITY COUNCIL PUBLIC HEARING ON AUGUST 21, 1995 AT 7:30 P.M. RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS 200 MILL AVENUE SOUTH To consider the petition to vacate portion of Lake Avenue South extending south from South 2nd Street to South 3rd Street; petitioner, Safeway, Inc. (VAC-95-001) SOUTH 2ND STREET rt /o 43 _ °I 4 ryg4 "=100" ti SCALE 1 nm n O Q M1 POR pF SEASr. /6, IP 1J NBRIN, N) ]'J)JI „Q CWNN pANBE 5 EASI. W.Y. CCUNIY BF N/NB RAN 5! lE OF WASNINL ION •y. 14 � K ]1+v LAXE AYE CALL AIEO FROM INCMNANON SUPPLIED _ J3.199. 1+ .'.N.FRCY .10N 540.9E LANDS MOOYO /�` i n O.6] aerc+ SUPPLEYEN(AL YAPS v E I-iY W ✓ W� � 6 � n u � yp t501 5,- 1 &J9) � v SOUTH 3RD STREET � I.P.O.B. — L nA e� 61101LAI O0 All interested parties are invited to attend and present written and/or oral comments. Complete legal description & further information available in the City Clerk's Office - 235-2501 The removal, mutilation, destruction, or Warning concealment of this notice is a ment. eanor punishable by tine and imprisonment. .o Earl Clymer, Mayor July 20, 1995 Mr. Rich Wagner Baylis Brand Wagner 10801 Main Street, Ste 110 Bellevue, WA 98004 CITY )F RENTON Re: Lake Avenue South Vacation Request; VAC-95-001 Dear Mr. Wagner: City Clerk Marilyn J. Petersen At the regular Council meeting of July 17, 1995, the Renton City Council adopted Resolution No. 3139 setting August 21, 1995, as the date for a public hearing to consider the petition to vacate a portion of Lake Avenue South from South 2nd Street to South 3rd Street. The public hearing will be held at 7:30 p.m. on Monday, August 21, 1995, in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton WA 98055. Interested parties are invited to attend and present testimony in support or opposition to the proposal. A copy of the resolution is enclosed for your information. Notification of the public hearing has also been mailed to all petitioners. If I can provide additional information or assistance, please feel free to call. Sincerely, V' Manly l rf�J� /P ersen City Clerk c: Tom Boyns, Property Management Division Frank Tonkin, 3300 Maple Valley Highway, Renton 98058 Marion Carney, P.O. Box 567, Renton 98057 Wendco NW Ltd Partnership, P.O. Box 256, Dublin, Ohio 43017 Rich Snyder, K.S. Partnership, 263 Rainier Av S. #204, 98055 Gary Smith, 108 S. 3rd #3, Renton 98055 Don McKay, 20822 39th Ave SE, Bothell, 98021 Enc. 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2501 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3139 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A HEARING DATE FOR VACATING A PORTION OF LAKE AVENUE SOUTH (SAFEWAY, INC. - VAC-95-001) WHEREAS, a Petition has been filed with the City Clerk of the City of Renton on or about May 23, 1995, pursuant to the requirements of RCW 35.79, petitioning for the vacation of a portion of a certain street, as hereinafter more particularly described, and said petition having been signed by the owners of more than two -third (2/3) of the property abutting upon a portion of said street sought to be vacated, and same being described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Portion of Lake Avenue South extending south from South Second Street to South Third Street) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. That the 21st day of August, 1995 at the hour of 7:30 P.M. at the City Council Chambers in the Municipal Building, Renton, King County, Washington, be and is hereby fixed as the time and place when the aforesaid Petition for vacating the aforesaid portion of Lake Avenue South extending south from South Second Street to South Third Street shall be heard and determined, which said hearing date is not more than sixty nor less than twenty days from the date of passage of this Resolution. RESOLUTION NO. 3139 SECTION II. The City Clerk is ' hereby authorized and directed to give notice of said time and hearing as provided in RCW 35.79.020 and any and/or 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 at or prior to the time of hearing on said vacation. SECTION III. The City Council shall determine, as provided in RCW 35.79.030, as to whether an appraisal shall be secured to ascertain the fair market value of the property sought to be vacated as provided for in Ordinance No. 3635 and the amount of compensation to be paid by the Petitioner -Owners to the City for such vacation, but which said amount shall not exceed one-half (1/2) of the appraised value of the area to be vacated. The City likewise reserves the right to retain an easement for public utility and related purposes. PASSED BY THE CITY COUNCIL this 17th day of July 1995. Marily . Petersen, City Clerk APPROVED BY THE MAYOR this 17th day of July , 1995. Approved as to form: La ce J. War City Attorney RES.465:7/11/95. 2 e-*,N /01� RIGHT OF WAY LEGAL DESCRIPTION THAT PORTION OF THE SECOND SUPPLEMENTAL MAPS OF RENTON SHORE LANDS, AS SHOWN ON THE OFFICIAL MAPS THEREOF ON FILE IN THE OFFICE OF THE LAND COMMISSIONER OF PUBLIC LANDS AT OLYMPIA, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SOUTH 3RD STREET AND THE CENTERLINE OF LAKE AVENUE SOUTH AS SHOWN ON THE RENTON SHORE LANDS SECOND SUPPLEMENTAL MAPS; THENCE NORTH 71003'32" EAST ALONG THE CENTERLINE OF LAKE AVENUE SOUTH A DISTANCE OF 127.79 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY MARGIN OF SOUTH 3RD STREET, SAID POINT BEING ON A CURVE WHOSE CENTER BEARS NORTH 28029127" EAST WITH A RADIUS OF 129.15 FEET, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING: THENCE SOUTHEASTERLY ALONG SAID CURVE WITH A RADIUS OF 129.15 FEET, AN ARC DISTANCE OF 51.32 FEET TO AN INTERSECTION WITH THE SOUTHERLY MARGIN OF LAKE AVENUE SOUTH; THENCE NORTHEASTERLY ALONG THE SOUTHERLY MARGIN OF LAKE AVENUE SOUTH, NORTH 71003132" EAST 88.39 FEET; THENCE ALONG A CURVE TO THE LEFT, WHOSE CENTER BEARS NORTH 18056128" WEST WITH A RADIUS OF 254.69 FEET, AN ARC DISTANCE OF 260.89 FEET; THENCE NORTH 12°22'06" EAST A DISTANCE OF 245.78 FEET, MORE OR LESS, TO THE SOUTH MARGIN OF THE CITY OF SEATTLE PIPE LINE RIGHT OF WAY; THENCE NORTH 88°22'20" WEST ALONG SAID RIGHT OF WAY A DISTANCE 61.07 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF LAKE AVENUE SOUTH; THENCE SOUTH 12022'06" WEST ALONG SAID WESTERLY MARGIN A DISTANCE OF 234.39 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT WHOSE CENTER BEARS NORTH 77037'54" WEST WITH A RADIUS OF 194.69 FEET, AN ARC DISTANCE OF 199.43 FEET; THENCE SOUTH 71003'32" WEST A DISTANCE OF 150.20 FEET TO THE NORTHERLY MARGIN OF SOUTH 3RD STREET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT WHOSE CENTER BEARS NORTH 44041'17" EAST WITH A RADIUS OF 129.15 FEET, AN ARC DISTANCE OF 36.51 FEET TO THE TRUE POINT OF BEGINNING. SITUATED IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., COUNTY OF KING, STATE OF WASHINGTON. rn 4Nl.9.27-5 SEE Sw 143 5 J N Y\ � � ` � /p//ehd/NJA I •�o�' ram =so n 2 /// ,� .»v ■ /Ow. Aw. AG.'V \ . // ■f Y �•) � � R c N // rn Q �•, V � }'•4 O1w I } N f• 4 } ! 1 ` - L �vl ��. is 'r, //I•E>-JJE� li zs.1J w � • sr ���T•"t N ~�< rt r< /'e/ ,fit/O ^Y v,Orra fir _® .l ' • O 1 � 1p ..t f.l � M Oo O f.T1.:E s O : � 'ri N•1 4T> 'tt lYay r e a <• I �4 y V . Cl l m '•, a c CIO, o � a OOC O •1.E. 4>�hg7JJ�U J e o n to lco IIn n c zt O - 4 pyy�yyl1 CO. zoo c �. .ls �I1 # •O. roi 4 /t0 un .rrcz• rw 4c . O '( i• i �Pr za/. co/•1 Q ,�•C • t V ^N •� c N ' Oo c F r- a� 'e o. '. y .l '►. Z _ :14 ,w� m T1 e eL .. WS � •USao � �f - 5 I tl�l u p Jl-5 ppp {4{�•p 444� T r 6 _C n. arse lO�F razs�• zxao• �_ RAINIER AVE °SOUTi ^laD i I '°• inu�'.° •p ��F M 9Z gS•8 V . oo JJJEa �V � V oy oc a ��tl v C,J� JS 710.0 x c m �qkE q V?'rCACC Z,S E. tee, SOU T as N O 2 2� co caa '^O �Llz m2� �rJ n rIl I moo 0 2 a �2� rIl ymi ?pO v r n2� I °a o�x O D of 20� O t1�� m2 T4 �owm I OH 22 'Ru o� GOa a � 0 A• s s�a SHA T TUCK A7E—S0U TH § H Otl9'10'f ISI.66' k df CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 21st day of August, 1995, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton, 98055, to consider the following: Petition to vacate portion of Lake Avenue South extending south from South 2nd Street to South 3rd Street; Safeway, Inc., VAC-95-001 All interested parties are invited to attend the public meeting and present written or oral comments regarding the proposal. Call 235-2501 for additional information. Interpretive services available upon advance request. (Proceedings televised live on Channel 28; rebroadcast 10 am Tuesday, 7 pm Wednesday, and 5 pm Saturday.) Marilyn J. et rsen, CMC City Clerk Published: Valley Daily News July 21, 1995 Account No. 50640