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HomeMy WebLinkAboutORD 4610~EN RECORDED RElURN TO: Office of the City Oerk Renton Municipal Building 200 Mill Avenue South Renton,WA llBOS! CERTIFICATEr,the City Clerk ofthe City \J\!.i2shlngtol1,certify that this is a true ~i'!d correct copy of ORDINANCE 4610 Subscribed and Se',·this,, CITY OF RENTON,WASHINGTON ORDINANCE NO.4610 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,VACATING A PORTION OF S.W.13TH STREET AND MAPL:E,AVENUE S.W. (JAMES PIERRE -VAC-96-003). WHEREAS,a proper petition for vacating a portion of 13th Street and Maple Avenue S.W.was duly filed with the City Clerk on or about February 27,1996,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.3177 passed and approved on March 25,1996,and after due investigation did fix and determine the day of April 22,1996,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 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; NOW,THEREFORE,THE.CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DO ORDAIN AS FOLLOWS: 1 ORDINANCE NO.4610 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 subj ect 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 to the following terms and conditions: thereto without prior institution of any suit or proceedings of additional facilities as it may require.This easement is SUbject The City may from time to time construct suchtherefor. law and without incurring any legal obligation or liability 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 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 2 ORDINANCE NO.4610 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 A certified copy of this Ordinance shall be filed with the Office of Records and Elections,and as otherwise provided by law. filing,process,appraisal and transfer fees in the Automall area. This Ordinance shall be effective upon itsSECTIONIII. passage,approval,and thirty days after its publication. PASSED BY THE CITY COUNCIL this 3rd·day of _J,-u..:.;,;..;n..:ce ,1996. APPROVED BY THE MAYOR this 3rd day of _J.=...-=u=n:..;:e ,1996. Jesse Tanner,Mayor 3 ORDINANCE NO.46]0 Approved as to form: ~4~~Law c·.a I City At omey Date of Publication:June 7,1996 ORD.584:5/08/96:as. 4 Right-of-Way Legal Description [As Recommended] That portion of Northwest Quarter of Section 19,Township 23 North,Range 5 East,W.M.,in King County,Washington described as follows: Those portions of SW 13th Street(1bird Avenue)between Maple Avenue SW(Main Street)and the 1-405 Right-of-Way,and a portion of Maple Avenue SW,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 ofKing County,Washington,described as follows: Beginning at the intersection of a line 17.50 feet northerly of and parallel with the southerly Right-of-Way line of SW 13th Street,with the arc of a curve beginning at a point on the westerly Right-of-Way line of Maple Avenue SW 46.91 feet northerly from the southeast comer of Lot 62,Block 26 of said plat,the center of which bears S 88 0 45'09"E and ending at a point oftangency on the northerly line of Block 21 of said plat; Thence northeasterly along said parallel line to an intersection with the westerly Right-of-Way line of I- 'd"405; 00 Thence southwesterly along said westerly Right-of-Way line to an intersection with the northerly line of N said Block21; ~.Thence southwesterly along said northerly line,to said point oftangency on the northerly line ofBlock 21; ...Thence northwesterly along said arc to the point of beginning; r..Qo ALSO,beginning at the northwest comer ofLot 29,Block 17 ofsaid plat,being on the southerly Right-of-c.c Way line of the alley as platted through said Block 17,and being on the easterly Riglit-of-Way -line of a"J "MapleAvenue SW in said plat; Thence southerly along said easterly Right-of-Way line-to the southwest comer of said Lot 29; Thence northeasterly along the northerly Right-of-Way line of said SW 13th street to an intersection with the easterly line ofLot30,BlOCk 17 ofsaid plat;_"- Thence southeasterly along a line peipendicular to thecenferline of said SW 13th Street to an intersection with.a line being 17.50 "feet southerly ofand parallel with said nOltll(~r1y Right-of-Way line; Thence southwesterly along said parallel line to an intersection with the southerly extension ofthe westline of said Block 17; Thence northwesterly to the intersection of the southwesterly extension of the south line of said Block 17 with a line being 17.50 feet westerly of and parallel with the west line of said Block 17; Thence northerly along said parallel line to an intersection with the southwesterly extension of the said southerly Right-of-Way line ofthe alley as platted through Block 17; Thence northeasterly along said extension to the point of beginning. Contains an area of8,955.80 square feet,or 0.2056 acre,more or less. [vac96003rev3/8/96) 1 .......;.....'...!--_-J 405 .~..."_:"" I VAC 96-003~y.CJ~Property Services . ...\~1.'"Planning/Building/Public .Works T n_.,_~.I •