HomeMy WebLinkAboutORD 4682 i
III CITY OF RENTON, WASHINGTON
ORDINANCE N0. 4682
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
VAGATING A PORTION OF S.W. 12TH STREET BETWEEN MAPLE
, AVENUE S.W. AND RAINIER AVENUE SOUTH AND THE REMAINING
I UNVACATED ALLEY AREA BETWEEN GRADY WAY AND S.W. 12TH I
STREET IN THE AUTOMALL AREA (SNYDER AND SCARFF -. VAC- I
97-005) .
WHEREAS, a proper petition for vacating a portion of S .W.
12th Street between Maple Avenue S .W. and Rainier Avenue South
and the remaining unvacated alley area between Grady Way and S .W.
12th Street in the Automall area duly filed with the City Clerk
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on or about June 23, 1997, 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 b Resolution No. 3275 assed and
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approved on August 18, 1997, and after due investigation did fix
and determine the day of September 15, 1997, 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 public hearing thereon, and the City Clerk
having given due notice of such hearing in the manner provided by
law and all ersons havin been hear rin i v
, p g d appea g n fa or 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
Committee of the City of Renton having duly considered said
petition for said vacation, and having found same to be in the
public interest and for the public benefit, and no injury or I
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ORDINANCE NO. 4682
damage to any person or properties will result from such
vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTOi�,
WASHINGTON, DO ORDAIN AS FOLLOWS :
SECTION I . The following described street, to wit:
See Exhibit "A" attached hereto and made a part hereof i
as if fully set forth herein I
be and the same is hereby vacated subject to an easement over, i
across, under and on all that portion as described on Exhibit "A" I,
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 inst 'itution 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 i
subject to the following terms and conditions : '
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
before commencement of the work or entry by the City.
2 . The property owners shall retain the right to use the
surface of the easement as long as such use does not
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ORDINANCE N0. 4682
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. Develop, landscape, or beautify the easement area in
any way which would unreasonably increase the costs to
the City of restoring the easement area and any
private improvements therein; or
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 parties, their heirs, successors
in interest and assigns .
SECTION II . The City Council hereby elects to waive the
filing, process, appraisal and transfer fees in the Automall
area.
SECTION III . This Ordinance shall be effective upon its
passage, approval, and five days after its publication.
A certified copy of this Ordinance shall be filed with the
Office of Records and Elections, and as otherwise provided by
law.
3
I
ORDINANCE NO. 4682
PASSED BY THE CITY COUNCIL this 13tri day of October � 1997 .
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Marilyn . ersen, City Clerk
APPROVED BY THE MAYOR this 13th day of October , 1997 .
J ann , ayor
Approve as to form:
Gtiv�.�.�..-
Lawrence J. Warren, City Attorney
Date of Publication: October 17, 1997
ORD. 678 : 9/22/97 : as .
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EXHIBIT A
Legal Description: Automall Street Vacation VAC 97-005, Snyder & Scarff
Those portions of SW 12th Street(Second Avenue)between Maple Avenue SW(Main Street)and the I-
405 and SR 167 interchange right-of-way;and the alley through Block 16,all as dedicated in the plat of C.
D.Hillman's Earlington Gardens Addition to the City of Seattle Division No. 1 according to the plat
thereof recorded in Volume 17 of Plats,page 74,records of King County,Washington,in the Northwest
Quarter of Section 19,Township 23 North,Range 5 East,W.M.,being more particularly described as
follows:
That portion of SW 12th Street beginning at the southwest comer of Lot 40 of said Block 16;
Thence easterly along the southerly line of said Block 16 to an intersection with the SR 167 intercha.nge
right�f-way westerly line;
Thence southerly along said westerly line to an intersection with a line twelve(12)feet southerly of and
parallel with the southerly line of said Block 16;
Thence southwesterly along said parallel line to an intersection with the southerly e�rtension of the west line
of said Lot 40;
Thence northerly along said extension to the point of beginning;
SUBJECT TO retention of an utilities easement over the entire azea described above.
ALSO,that portion of the alley through Block 16 of said plat,beginning at the southwest corner of Lot 28
of said Block 16;
Thence northeasterly along the north line of said alley to an intersection with the east line of Lot 8 of said
Block 16;
Thence southerly along the southerly e�rtension of said east line of Lot 8 to an intersection with the south
line of said alley;
Tt►ence southwesterly along said south line to an intersection with the west line of said Block 16;
Thence northerly to the point of beginning;
SUBJECT TO retention of an utilities easement over the west 40 feet of the area described above.
C:\wordlle \97 5 1 . bREVISED 9/97
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o� i o0 20o Street Vacation YAC 97-005
. Ts�,���► Ss��;�et Partial Yacation Aufiomall - Scarff & Snyder
• =� • Plaminp/BuAdu�p/Pub6e Work�
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Return Address:
City Clerk's OfFice
City of Renton
200 Mill Avenue South
Renton WA 98055-2189
Please print or type informadon
I?ocument Title(s):
, ORDINANCE N0. 4682 - Vacating Property ��C�� 7-���
Reference Number(s) of Documents assigned or released:
[on page of document(s)]
N/A
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(� Grantor(s) (Last name first,then first name and initials):
�� 1. N/A
�O a. e�-�o� C�fi O� �cT ��''�..
� 3. � ' �i `�!� ��:.,.�
� 4. CI Additional names on page of document �Q�G'C �J� ,�''
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� Grantee(s) (Last name first,then first name and inidals): c��� " �`F
� 1. N/A '`
2. �
3.
4. ❑ Additional names on page of document
' Legal Description (abbreviated: i.e. lot,block,plat or section,township, range):
� SW 12th St. (2nd Ave.) between Maple Ave. SW (Main St.) and I-405 and SR-
� 167 interchange right-of-way; and alley through Block 16. Additional legal
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is on page 5, "Exhibit A".
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W � Addidonal legal is on page 5 of document
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; Assessor's Property Tag ParceUAccount Number:
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" ❑ Addidonal legal is on page of document
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� The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
:: document to ve ' the accura or com leteness of the indexin information rovided herein.
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A,
CITY OF RENTON, WASHINGTON
ORDINANCE N0. 4682
AN ORDI2�NCE GF THE CITY OF RENTON, WASHINGTON,
VACATING A PORTION OF S.W. 12TH STREET BETWEEN MAPLE I
AVENUE S.W. AND RAINIER AVENUE SOUTH AND THE REMAINING
� UNVACATED ALLEY AREA BETWEEN GRADY WAY AND S.W. 12TH
STREET IN THE AUTONIALL �EtEA (SNYDER AND SCARFF - VAC-
97-005) .
WHEREAS, a proper petition for vacating a portion of S.W.
12th Street between Maple Avenue S.W. and Rainier Avenue South
and the remaining unvacated alley area between Grady Way and S.W.
12th Street in the Automall area duly filed with the City Clerk
on or about June 23, 1997, 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
WAEREAS, the City Council by Resolution No. 3275 passed and
approved on August 18, 1997, and after due investigation did fix
and determine the day of September 15, 1997, at the hour of 7:30
� p.m. in the City Council Chambers of the City of Renton to be the �I
y�s� time and place for a public hearing thereon, and the City Clerk
� havinq 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 considerezl all
� .
' � information and arguments presented to it; and
WHEREAS, the Board of Public Works and the Utilities
Committee of the City of Renton having duly considered said
petition for said vacation, and having found same to be in the
public interest and for the public benefit, and no injury or
```O````�ya0!F�R E��'''��.,,
CERT1FlCATE
� �� O '��,, S,the unde�si�n�d, c�Ty Clerk of#he
� G � 'y �� �ity�f Renfion, Ydashington��ettify that this is a true
e
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`�~ S E A L *= �n� ��rr��t c�py f
o� _
,� ; Su b�c r a�e d an d Sea i �t his_f.(Q.Y L�day 19��
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,��y��lT�D SEP��a��'��\`
�'�i�i.4r'��j�4iti�,����`
ORDINANCE NO. 4682
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 street, to wit:
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 condit.ions :
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
before commencement of the work or entry by the City. '
2 . The property owners shall retain the right to use the
surface of the easement as long as such use does not
2
, a . , �
ORDINANCE N0. 4682
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. Develop, landscape, or beautify the easement area in
any way which would unreasonably increase the costs to ,
the City of restoring the easement area and any
private improvements therein; or
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 parties, their heirs, successors
in interest and assigns .
� SECTION II . The City Council hereby elects to waive the
�
� filing, process, appraisal and transfer fees in the Automall
O
O
;,2 area.
�
ri SECTION III . This Ordinance shall be effective upon its
�
� � passage, approval, and five days after its publication. _
A certified copy of this Ordinance shall be filed with the
Office of Records and Elections, and as otherwise provided by
law.
3
. 1 d , i
ORDINANCE N0. 4682
PASSED BY THE CITY COUNCIL this 13th day of October � 1997 .
Marilyn . ersen, City Clerk
APPROVED BY THE MAYOR this 13th day of October , 1997 .
J ann , ayor
Approve as to form:
��I�C�rv`R.��-
Lawrence J. Warren, City Attorney
Date of Publication: October 17, 1997
ORD. 678 : 9/22/97 : as .
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' n• m ll r t Vacation VAC 97-005 Sn der & Scarff
Legal Descript�o . Auto a St ee , y
Those portions of SW 12th Street(Second Avenue)between Maple Avenue SW(Main Street)and the I-
405 and SR 167 interchange right-of-way;and the alley through Block 16,all as dedicated in the plat of C.
D.Hillman's Earlington Gardens Addition to the City of Seattle Division No. 1 according to the plat
thereof recorded in Volume 17 of Plats,page 74,records of King County,Washingtoq in the Northwest
Quarter of Section 19,Township 23 North,Range 5 East,W.M.,being more particularly described as
follows:
That portion of SW 12th Street beginning at the southwest corner of Lot 40 of said Block 16; I
Thence easterly alorig the southerly line of said Block 16 to an intersection with the SR 167 interchange
right-of-way westerly line; �
Thence southerly along said westerly line to an intersection with a line twelve(12)feet southerly of and
parallel with the southerly line of said Block 16;
Thence southwesterly along said parallel line to an intersection with the southerly extension of the west line
of said Lot 40;
Thence northerly along said extension to the point of beginning;
SUBJECT TO retention of an utilities easement over the entire area described above.
ALSO,that portion of the alley through Block 16 of said plat,beginning at the southwest corner of Lot 28
of said Block 16;
Thence northeasterly along the north line of said alley to an intersection with the east line of Lot 8 of said
Block 16;
Thence southerly along the southerly extension of said east line of Lot 8 to an intersection with the south
line of said alley;
�'�j Thence southwesterly along said south line to an intersection with the west line of said Block 16;
� Thence northerly to the point of beginning;
0 SUB7ECT TO retention of an utilities easement over the west 40 feet of the area described above.
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� EXHIBIT A
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C:\worduegalU7 5 1gl.tgbREVISED 9/97
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1-.405 / SR-167 INTERCHANGE
� . o�. :�o0 20o Street Vacation VAC 97-005 �
Te�;;�S�;�et � - Partial Vacation Automall - Scarff & Snyder
. '.� . ►c��e�ta.�n�e�w«�� � _._
� ���'�`°°'' . . As Petifiioned