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HomeMy WebLinkAboutORD 4942CITY OF RENTON, WASHINGTON ORDINANCE NO. 4942 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING THAT PORTION OF SW 13TH STREET, BETWEEN LIND AVENUE SW AND SENECA AVENUE SW (DALE WALKER, WALKER'S RENTON SUBARU) (VAC-01-003). WHEREAS, a proper petition for vacating that portion of SW 13th Street between Lind Avenue SW and Seneca Avenue SW was duly filed with the City Clerk on or about September 24, 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 November 5, 2001, at the hour g of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a o g public hearing thereon, and the City Clerk having given due notice of such hearings in the manner CM O ° 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 Administrator of the Planning/Building/Public Works Department 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described portion of SW 13th Street, to wit: 1 CO LT) ORDINANCE NO. 494 2 (That portion of SW 13th Street between Lind Avenue SW and Seneca Avenue SW) 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 conditions: CM o That a utility easement be retained over the entire right-of-way, with the understanding o CM g that the property may be developed fully if the existing utilities are relocated at the sole cost of the o o <TM 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 waives the vacation fee to the petitioner- owners, as provided in City Code 9-14-11. SECTION III. This ordinance shall be effective upon its passage, approval, and five days after its publication. ORDINANCE NO. 4942 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 14th day of January ,2002 Marilyn J. Petersen, City Clerk CO LO CM o o 1^-o CM o CM o o CM APPROVED BY THE MAYOR this 14th day of January Approved as to form: *=**%? Jes^Tanner. Mayor Lawrence J. Warren, City Attorney Date of Publication: 1/18/2002 ( Summary) ORD.967:12/19/01:ma 2002 CO m CM o o r^ o CM o CM o o CM ORDINANCE NO. 4942 EXHIBIT A VAC 01-003; SW 13th Street, Lind to Seneca Avenue SW Legal Description Beginning at the southwest corner of Lot 32, Block 26, CD. 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, thence easterly along the southerly line of said Block 26 to an intersection with the westerly right of way margin of Lind Avenue SW; Thence southerly along said margin to an intersection with the north line of Block 25 of said plat; Thence westerly along the north line of said Block 25 to the northwest corner of Lot 15 of said Block 25; Thence northerly crossing SW 13th Street to the Point of Beginning. Situate in the Northwest Quarter of Section 19, Township 23 North, Range 5 East, W.M., in King County, Washington. 01_31egal\tgb9/01.doc ORDINANCE NO. 4942 Vacate Area SR-405 Street Vacation Tom Boyns, Technical Services 09/20/2001 VAC01-003 D&C Investments LLC SW13thAutomall