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Home My WebLink AboutORD 4495� WHTi REODRDED RETURN'PO: Office of the City Qerk �;' � -. � Renton Munidpal Building .i � ru 200 Mill Avenue South ��"�� Renton,WA 98055 � , CITY OF RENTON, WASHINGTON FE� 1 71995 '�` � � ORDINANCE NO. 4495 KING COUNTY „' RECORDER �, � � �r_ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING =; A PORTION OF SOUTH llth STREET � (FREE/MONAGHAN/KUNSTLE/ALLEN — VAC-94-001) � �: � .c WHEREAS, a proper petition for vacating a portion of South � � Q � 11th Street located _between Grant Avenue South and Jones Avenue � � o - :�outh was duly filed with the City Clerk on or about April 1, "' , � � a 1994, 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 t � � WHEREAS, the City Council by Resolution No. 3066 passed and � �� approved on June 13, 1994, and after due investigation did fix and � � � � ��determine the day of . July 11, 1994, at the hour of 7 : 30 p.m. in :� }�� .��t� .�Coun�i3z��ber� --of tt�h�e -�i�y-wof-=.Rer.ton to be. �he time .anc1_ ; i plac�e for. a public .-heari-ng 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 op��sition thereto, and the City Council having considered all information and arguments presented to it; and �TFIFREAS;�. ' the Board of Public Works and the Utilities �i:ommittee•.' �f '� tlie;.:� City.. o=f' Renton having duly considered said petition fc�r . said vacation, and having found same to be in the �ublic irterest and for the public benefit, and no injury or � �'ama,ae to ar.y person or properties will result from such vacation; N�in1, fiHEREFORE, THE•'-CITY ` COUNCIL OF THE CITY OF RENTON, �+'AS�-iING�'ON,� DO -ORDAIN °AS FO.LLOWS : � ' SEC�'�flN I. � T.He following described street, to wit: . � .�. � 1 J� � , x_ f ' � ORDINANCE NO. 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 �p�.pelines, including, but not limited to, water, sewer and storm : �I 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 addit�ional facilities as it may require. This easement is subject I •; � to the following terms and conditions : � 1 . 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 interfere with the easement rights grarited to the City. �, The property owners shall not, however, have the right to: a. Erect or maintain any fences, buildings or structures I 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; i or ' c. _ �ev:�lc:�p; landscape, or beautify the ea5er�ent area in any way which would unreasonably increase the costs to the City of restoring the easement area and any private improvements therein; or 2 • � ORDINANCE NO. 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 facili.ties; 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 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,:.�approv�l, and thirty days .after its. .publication. , . . .�.�.-.,_.`.,. '�� ;ce.r�:a:,-f...;t.��;c�Q�a_y_�c�,�t.�,i:s -:��;�i�ii.anre�:��?�a.l:l. ,��?.�:..f..wi A�-. �rTith .�.he � .. "Office of Rer.c�rcis-�and Ele.ctions,... and ;as , ot:he.rwise .provided by law. � '�.�' ,� PASSED BY THE CITY COUNCIL this l �th day of February, 199�5. � � � �' G�GC� C� Marily etersen, City Clerk � � � APPROVED BY THE MAYOR this 13 day of February, 199-5. E 1 Clymer, M or Approved s to form: �� Lawrence J. War n, City Attorney Date of Publication: February 17 , 1995 ORD. 416: 12/15/94 :as . 3 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 �.� � ' � ' 0 � . ca � �� a � � �� ' � � EXHIBIT `B ' 0 � � c� � � � � � � �� r � c� _ � � � A � ��e� � ,po 0 �e � � on Llnes r smissl Tran Street Vacation Area � Lots Affected by Street Vacation -� O 250 500 � 1 :3000