HomeMy WebLinkAboutORD 4937CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4g?7
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
VACATING PORTIONS OF SE 2nd PLACE (SE 136th STREET) AND NILE
AVENUE SE (148th AVENUE SE) (HARBOUR HOMES BY GEONERCO
INC.; FILE NO. VAC-01-001).
WHEREAS, a proper petition for vacating portions of SE 2nd Place (SE 136th Street) and
Nile Avenue SE (148th Avenue SE) was duly filed with the City Clerk on or about February 2,
2001, 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. 3415 passed and approved on Nov. 1,
1999, and after due investigation did fix and determine the day of September 10, 2001, at the hour
of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a
pubhc hearing thereon, and the City Clerk having given due notice of such hearings 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 of the City of Renton having duly considered
said petition for said vacation, and having found same to be in the pubhc interest 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 portions of SE 2nd Place and Nile Avenue
SE, to wit:
1
ORDINANCE NO. 4937
(That portion of S.E. 2nd Place between Lyons Avenue S.E. and Nile Avenue
S.E., and that portion of Nile Avenue S.E. 312.94 feet north of S.E. 2nd Place)
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 ah 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 nmmtaining
utihties 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 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:
That a utility 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, their heirs, successors in interest and assigns.
SECTION II. The City Council hereby elects to charge a fee of $50,000 (Fifty
Thousand Dollars) to the petitioner-owners, said amount being the full amount of the City's
appraised value of the right-of-way interest herein vacated, the street having been part of a
dedicated pubhc right-of-way for more than 25 years, and such charge being reasonable and
proper.
ORDINANCE NO. 4937
SECTION III. This ordinance shall be effective upon its passage, approval, and
five days after its pubhcation.
A certified copy of this ordinance shall be filed with the Office of Records and Elections,
and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this 17th day of December , 2001.
APPROVED BY THE MAYOR this 17th day of December , 2001.
Approved as to form:
Lawrence J. Warren^TJity Attorney
Date of Pubhcation: 12/21/2001
ORD.953:ll/29/01:ma
JesseTanner, Mayor
ORDINANCE NO. 4 9 37
EXHIBIT A
Legal Description: Street Vacation VAC 01-001 Harbour Homes
Portions of SE 2nd Place [SE 136th St] and Nile Ave SE [148 Ave SE]
Beginning at the southwest corner of Lot 16, Black Loam Five Acre Tracts, according to the plat
thereof recorded in Volume 12 of Plats, page 101, records of King County Wa^hmgton thence
southerly along the projection of the west line of said Lot 16, crossing SE 2 Place [SE 136
Street], to an intersection with the southerly right of way margin of said SE 2 Place;
Thence easterly along said southerly right of way margin to an intersection with the easterly right
of way margin of Nile Avenue SE [148th Avenue SE];
Thence northerly along said easterly right of way margin to an intersection with the easterly
projection of the north line of said Lot 16;
Thence westerly along said easterly projection to the northeast corner of said Lot 16;
Thence southerly along the east line of said Lot 16 to the southeast corner thereof;
Thence westerly along the southerly line of said Lot 16 to the Point of Beginning.
Situate in the Northeast Quarter of Section 15, Township 23 North, Range 5 East, W.M., in King
County, Washington.
VACO 1-001 Legal/tgb4/9/01