HomeMy WebLinkAboutVAC 199502210644 ' WH�I REO�RDED RETURN'PO:
Offcce of the City Qerk ������.� „ ,,. ;
Renton Municipal BuildIng � ��„"� �1 "
200 Mill Avenue Souttt � �'�• y' �:� �
Aenton,WA 98Q55 �
CITY OF RENTON, WASHINGTON FEB 1 71995 �
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ORDINANCE NO. 4495 t
RECOR!7:;1 s
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AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING
A PORTION OF SOUTH llth STREET
(FREE/MONAGHAN/KUNSTLE/ALLEN - VAC-94-001) �
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WHEREAS, a proper petition for vacating a portion of South �,;
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llth Street located between Grant Avenue South and Jones Avenue sr
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South was duly filed with the City Clerk on or about April l, �."
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1994, and said petition having been signed by the owners
,��, representing more than two-thirds (2/3) of the property abutting
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;,,� upon such street sought to be vacated; and
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r�! WHEREAS, the City Council by Resolution No. 3066 passed and
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�� approved on June 13, 1994, and after due investigation did fix and
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�� determine the day of July 11, 1994, at the hour of 7 : 30 p.m. in
��e C�t� Coun�i� Chamber� of the City of Rer.ton to be the time and
pla�e for a public hearing thereon, and the City Clerk having
given due notice of such hearing in the manner provided by law,
and all persons having been heard appearing in favor or in
opposition thereto, and the City Council having considered all
information and arguments presented to it; and
WHEREAS, the Board of Public Works and the Utilities
�c�mmittee af the City of Renton having duly considered said
petitian for said vacation, and having found same to be in the
public irterest and for the public benefit, and no injury or
damag? to «r.y person or properties will result from such vacation;
NOW, �HEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
�v'ASrIINGTIN, DO ORDAIN AS FOLLOWS:
SECTION I . The following described street, to wit:
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� ORDINANCE N0. 4495
See Exhibit "A" attached hereto and made a part hereof
as if fully set forth herein
be and the same is hereby vacated subject to an easement over,
across, under and on all that portion as described on Exhibit "A"
in favor of the City. This easement is for the purpose of
constructing, reconstructing, installing, repairing, replacing,
enlarging, operating and maintaining utilities and utility
pipelines, including, but not limited to, water, sewer and storm
drainage lines, together with the right of ingress and egress
thereto without prior institution of any suit or proceedings of
law and without incurring any legal obligation or liability
therefor. The City may from time to time construct such
additional facilities as it may require. This easement is subject
��� to the following terms and conditions :
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� l . The City shall, upon completion of any work within the
� property covered by the easement, restore the surface of
� the easement, and any private improvements disturbed or
�� destroyed during execution of the work, as nearly as
� practicable to the condition they were in immediately
U' before commencement of the work or entry by the City.
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2 . The property owners shall retain the right to use the
surface of the easement as long as such use does not
interfere with the easement rights granted to the City.
The property owners shall not, however, have the right to:
a. Erect or maintain any fences, buildings or structures
within the easement; or
b. Plant trees, shrubs or vegetation having deep root
patterns which may cause damage to or interfere with
the utilities placed within the easement by the City;
or
c . �e:Tr�.c.�p, �andscape, or beautify the easer��eiit area in
any way which would unreasonably increase the costs to
the City of restoring the easement area and any private
impravements therein; or
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� � ORDINANCE N0. 4495
d. Dig, tunnel or perform other forms of construction
activities on the property which would disturb the
compaction or unearth the City' s facilities on the
easement, or endanger the lateral support facilities;
or
e. Blast within fifteen ( 15 ) feet of the easement; or
f . Fill or allow debris to collect in any natural
creek/waterway which may be present within the
easement.
This easement shall run with the land described herein, and
shall be binding upon the partie5, their heirs, successors in
interest and assigns .
SECTION II. The City Council hereby elects to charge a fee
of $2 , 375 . 00 to the petitioner-owners, said amount being 50$ of
the City' s appraisal of the right-of-way interest herein vacated,
and such charge being reasonable and proper.
SECTION III . This Ordinance shall be effective upon its
passage, app.roval, and thirty days after its publica�ion.
� ce�t:i.f.�.Pd r.opy or:_ this C�-�ii��.nr_p sha�l. he fi_�e�? �r�ith t.he
Office of I�'.ec.ards and Ele�:tions, and as ot.he.rwise pro�ided by law.
�� PASSED BY THE CITY COUNCIL this da of February, 1995.
Y_� 1�th Y
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��.� Marily etersen, City Clerk
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� APPROVED BY THE MAYOR this 13 day of February, 1995.
E 1 Clymer, M or
Approved s to form:
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Law ence J. War n, City Attorney
Date of Publication: February 17 , 1995
ORD. 416 : 12/15/94 :as .
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EXHIBIT "A"
STREET VACATION
(Portion South l lth Street) �
A portion of street right-of-way dedicated on the face of the Plat of Highland Addition, as
recorded in Volume 17 of Plats, Page 32, Records of King County, Washington, described as
follows:
That portion of South llth Street (formerly known as 9th Avenue [Plat]), said South llth Street
right-of-way being 30 feet in width, lying westerly of the westerly right-of-way line of Jones
Avenue South extended southerly, said Jones Avenue South Street right-of-way being 30 feet in
width, and lying easterly of the easterly right-of-way line of Grant Avenue South extended
southerly, said Grant Avenue South right-of-way being 60 feet in width;
Except that portion of South l lth Street lying between the easterly and westerly right-of-way lines
of High Avenue South extended southerly, said High Avenue South being 60 feet in width.
All situate in Henry H. Tobin Donation Claim No. 37 in Section 20, Township 23 North, Range
5 East, W.M., King County, Washington.
94-261.DOC/bh
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�r Transmis�lon Lines
Street Vacation Area
�///i/iiiU11� Lots Affected by
Street Vacation
-� 0 250 500
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1 :3000