HomeMy WebLinkAboutORD 5016CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5016
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
VACATING A PORTION OF THE ALLEY RUNNING NORTH AND
SOUTH BETWEEN WHITWORTH AND MORRIS AVENUES SOUTH
AND SOUTH 3RD AND 4™ STREETS. (ST. ANTHONY PARISH, VAC-03-
001)
WHEREAS, a proper petition for vacating a portion of the alley running north
and south between Whitworth and Morris Avenues South and South 3rd and 4th Streets was
duly filed with the City Clerk on or about January 17, 2003, and said petition having been
signed by the owners representing more than two-thirds (2/3) of the property abutting upon
such street sought to be vacated; and
WHEREAS, the City Council, by Resolution No. 3621, passed and approved on February
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8 24, 2003, and after due investigation did fix and determine the day of March 24th, 2003, at the
g hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for
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a pubhc hearing thereon; and the City Clerk having given due notice of such hearings in the
manner provided by law, and ah persons having been heard appearing in favor or in opposition
thereto, and the City Council having considered all information and arguments presented to it; and
WHEREAS, by Resolution No. 3623, passed and approved on March 10, 2003, the
Council authorized a Development Agreement between St. Anthony's and the City of Renton,
which was recorded with King County on May 14, 2003, under auditor's file number
20030514000836, which is applicable according to its terms to the alley being vacated by this
ordinance; and
WHEREAS, the Administrator of the Planning/Building/Pubhc Works Department having
duly considered said petition for said vacation, and having found same to be in the pubhc interest
1
ORDINANCE NO. 5016
and for the pubhc benefit, and no injury or damage to any person or properties will result from
such vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. The following described part of Whitworth Avenue South, to wit:
(A portion of the alley running north and south between Whitworth and
Morris Avenues South and South 3rd and 4th Streets)
See Exhibits "A" and "B" attached hereto and made a part hereof as if fully
set forth herein
be and the same is hereby vacated subject to an easement over, across, under and on all that part
as described on 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
utihty pipelines, including, but not limited to, water, sewer and storm drainage lines, together with
the right of ingress and egress thereto without prior institution of any suit or proceedings of law
and without incurring any legal obhgation or habihty therefor. The City may from time to time
construct such additional facilities as it may require. This easement is subject to the following
terms and conditions:
That a utihty easement be retained over the entire right-of-way, with the understanding
that the property may be developed fully if the existing utihties are relocated at the sole cost of the
developer; and
That this easement shall run with the land described herein, and shall be binding upon the
parties, and their heirs and successors in interest and assigns.
This vacation is further subject to that certain Development Agreement between the City
ORDINANCE NO. 5016
and the Petitioner, filed May 14, 2003, under auditor's file number 20030514000836.
SECTION II. The City Council hereby elects to charge a fee of $14,400
(Fourteen Thousand, Four Hundred Dollars) to the petitioner-owners, said amount being 75% of
the City's appraised value of the right-of-way interest herein vacated, and such charge being
reasonable and proper.
SECTION III. This ordinance shall be effective upon its passage, approval, and
five days after its pubhcation.
A certified copy ofthis ordinance shall be filed with the Office of Records and Elections,
and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this 4th day of August 2003.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 4th day of August , 2003.
Jesserlanner, Mayor
Approved as to form:
fiUkAy^GAj^tX? ^<L^^^^--rvvC-»-s*~'
Lawrence J. Warfetf, City Attorney
Date of Pubhcation: 8/8/2003 (summary)
ORD.1040:7/18/03:ma
ORDINANCE NO. 5016
EXHIBIT A
LEGAL DESCRIPTION
STREET VACATION VAC-03-001
A portion of the alley located in Block 1 of Smithers Fourth Addition to the Town of Renton,
according to the plat thereof, recorded in Volume 11 of Plats, Page 19, records of King County,
Washington, described as follows:
Beginning at the southeast corner of Lot 11 of said plat;
Thence northerly along the westerly right-of-way margin of said alley, a distance of 120 feet,
to the northeast corner of Lot 9 of said plat;
Thence easterly along the easterly projection of the northerly boundary line of said Lot 9, a
distance of 16 feet, to the northwest corner of Lot 22 of said plat;
Thence southerly along the easterly right-of-way margin of said alley, a distance of 120 feet, to
the southwest corner of Lot 20 of said plat;
Thence westerly along the westerly projection of the southerly boundary line of said Lot 20, a
distance of 16 feet, to the Point of Beginning.
Situate in the Southeast Quarter of Section 18, Township 23 North, Range 5 East, W.M., in the
City of Renton, King County, Washington.
ORDINANCE N:). 5016
Exhibit B
Map Exhibit
Street Vacation VAC-03-001
St. Anthony's Alley Vacation
S 3rd St CO
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