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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 en 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 Pi 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 CD > <