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HomeMy WebLinkAboutVAC 199605141024 RECEIVED +'IiS DAY CERTIFICATE the t .':~v'-rn , cit Clerk of the City cs Eenton, V:!W :;ir 1cn, certify that this is a true 13 f i l; ��� 'SS and correct copy of Ordinance 4602 Subscribed and See.:.:•!pis lot da �t'F'-•d I� 19 96 t ;c • ' • d.• RECO)ED RETURN TO: ; O rk 0:. 1.1e City Clerk' RLr.!.:Municipal Building 203M:1 Avenue South CITY OF RENTON, WASHINGTON Renton,WA 98055 ORDINANCE NO. 4602 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF S.W. 13TH STREET AND MAPLE AVENUE S.W. (ESM, INC./JAMIE PIERRE, RENTON DODGE AUTOMOBILE DEALERSHIP - VAC-94-004) WHEREAS, a proper petition for vacating a portion of S.W. 13th Street between Maple Avenue, S.W. and Lind Avenue and a Nportion of Maple Avenue S.W. between S .W. 13th Street and 1-405 r4 was duly filed with the City Clerk on or about May 2, 1994, and 411. 1.4 said petition having been signed by the owners representing more 0 than two-thirds (2/3) of the property abutting upon such street 01 sought to be vacated; and WHEREAS, the City Council by Resolution No. 3073 passed and approved on June 27, 1994, and after due investigation did fix and determine the day of July 25, 1994, at the hour of 7 :30 p.m. in the City Council Chambers of the City of Renton to be the time and 40 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 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 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 damage to any person or properties will result from such vacation; 1 ORDINANCE NO. 4602 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 d' additional facilities as it may require. This easement is subject CD 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 0) 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 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 2 ORDINANCE NO. 4602 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. OSECTION III . This Ordinance shall be effective upon its ? passage, approval, and thirty days after its publication. fri L A certified copy of this Ordinance shall be filed with the La Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 6th day of May , 1996 . Marily J. etersen, City Clerk APPROVED BY THE MAYOR this 6th day of May , 1996 . J sse Tanner, Mayor 3 ORDINANCE NO. 4602 Approved as to form: :::t atwate laMt Law ence J. War , City Attorney Date of Publication: May 10 , 1996 ORD.574 :4/10/96 :as . Tr til rr • e-i VI C CO v" 4 • EXHIBIT "A" LEGAL DESCRIPTION FOR STREET RIGHT-OF-WAY VACATION PORTIONS OF SW 13TH STREET AND MAPLE AVENUE SW Those portions of street right-of-way dedicated on the face of the plat of C.D. Hillman's Earlington Gardens Addition to the City of Seattle Division No. 1, as recorded in Volume 17 of Plats, Page 74, Records of King County, Washington, being a portion of SW 13th Street, having a width of 60 feet, and being a portion of Maple Avenue SW, having a width of 60 feet, said portions of street right-of-way lie generally between Blocks 17, 21, 22, and 26 of said plat, and are more particularly described as follows: BEGINNING at the southeasterly corner of Lot 62 of Block 26 of said plat; THENCE N 01° 14' 51" E, along the easterly line of said Lot 62, a distance of 46.91 feet to a point of curvature; THENCE southeasterly along the arc of a nontangent curve to the left, having a radius of 85.00 feet, the radius point of which bears S 88° 45' 09" E, through a central angle of 103° 58' 10", an arc distance of 154.24 feet, to a point of tangency on the northerly line of Block 21 of said plat; THENCE S 77° 16' 41" W, along said northerly line, a distance of 46.91 feet to the northwesterly corner of said Block 21; THENCE S 01° 14' 39"W, along the westerly line of said Block 21, a distance of 199.04 feet to co the northerly right-of-way margin of SR-405 (South Renton Interchange); THENCE westerly along said northerly right-of-way margin, and along the arc of a non-tangent curve to the right, having a radius of 417.50 feet, the radius point of which bears N 08° 42' 54"W, through a central angle of 02° 34' 20", an arc distance of 18.74 feet; THENCE N 06° 08' 34"W, along said northerly right-of-way margin, a distance of 3.67 feet; THENCE S 86° 08' 26" W, along said northerly right-of-way margin, a distance of 41.17 feet to the easterly line of Block 22 of said plat; THENCE N 01° 14' 39" E, along said easterly line, a distance of 186.97 feet to the northeasterly corner of said Block 22; THENCE S 77° 16' 46" W, along the northerly line of said Block 22, a distance of 339.77 feet to the easterly margin of Lind Avenue S.W.; THENCE N 01° 12' 47" E, along said easterly margin, a distance of 61.82 feet to the southerly line of Block 26 of said plat; THENCE N 77° 16' 46" E, along said southerly line, a distance of 339.80 feet to the POINT OF BEGINNING; All situate in the northwest quarter of Section 19, Township 23 North, Range 5 East, W.M., City of Renton, King County, Washington. 94.269.DOC/bh ��lTI IOMAS BIOS MAP PAGE N656 j �i r .14:f C re rV AIRARrW �� •tj04',u!',.• 1 1 45 It ,,,..L 1r..' �'=MF St vim'-sil A �� ' y 4 •;, S S _icrai / ,�1 . ! : fr .AI A s :� 9`r18 R�Ip :: ,. 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