HomeMy WebLinkAbout1508RESOLUTION NO. /5 08
A RESOLUTION of the City Council of the City
of Kent, Washington, relating to the closure of access from
110 111 Avenue Southeast, a private road, onto Southeast 2741h
Street in the City of Kent and relinquishment of rights the
City may have in certain property designated "Tract X" in
a King County subdivision plat and also relinquishing any
rights the City may have to a county road improvement
district project affecting that same Tract X.
WHEREAS, the owners of property adjacent to 110111 Avenue Southeast, as
indicated on the map attached as Exhibit A, operate and maintain 11 0111 A venue Southeast
as a private road; and
WHEREAS, currently, 110111 Avenue Southeast has access onto Southeast
27 4111 Street, a City of Kent public road; and
WHEREAS, prior to annexation by the City of Kent, the above-mentioned
property owners or their predecessors in interest subdivided their property (Short Plat
Numbers 785069 & 785070) under the jurisdiction and regulations of King County; and
WHEREAS, the County's subdivision approval created a "Tract X"
designation over 11 0111 A venue Southeast, which Tract X designation reserved for the
county the ability, at such time as the county deemed necessary, to open 110111 Avenue
Southeast as a public roadway; and
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WHEREAS, as a further condition of subdivision approval, the County also
required the affected landowners adjacent to II 0111 A venue Southeast to agree not to protest
the formation of a County Road Improvement District (CRID) should the County, in the
future, determine to improve and open II 0111 A venue Southeast as a public roadway; and
WHEREAS, the City of Kent has annexed the above-described area and
now maintains governmental jurisdiction over that property; and
WHEREAS, South 274 111 Street, which currently provides access to and
from 11 01h A venue Southeast, forms part of a major arterial roadway corridor project
currently under construction in the City of Kent, the City's "277111 Street Corridor" project;
and
WHEREAS, because the City's 277111 Street Corridor is intended to be a
significant and major arterial roadway servicing the citizens of Kent, closure of access to
11 01h A venue Southeast will facilitate public safety and the free flow of traffic on that
roadway corridor; and
WHEREAS, the property owners adjoining II 01h A venue Southeast have
contacted the City and requested to reverse access on Il 0111 Street Southeast to connect with
Southeast 271 st Street and to close access from II 0111 Street Southeast onto Southeast 274 111
Street upon certain conditions; and
WHEREAS, as a condition of this change in access from 110111 Street
Southeast away from Southeast 274111 and onto Southeast 271 st Street, the above-referenced
property owners have asked the City to release and relinquish any rights the City may have
to the Tract X designation created by the county as a condition of subdivision approval and
to further release and relinquish the affected property owners from any obligation they may
have not to protest the formation of a CRID or other road improvement district that may
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in the future be developed to improve the Tract X portion of 110111 Street Southeast; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
SECTION 1: At such time as the above-referenced property owners take
the necessary and proper steps to reverse the access on 110111 Street Southeast, a private
road, from Southeast 274 1h Street in the City of Kent to Southeast 271 '1 Street in the City
of Kent, the City hereby agrees to release and relinquish any rights the City may have in
a Tract X designation affecting 110111 Street Southeast as a condition of King County
subdivision approval, and the City will further release and relinquish the affected property
owners from any obligation they may have as a result of those same subdivision conditions
not to protest the formation of a Local Improvement District, whether instituted by the City
or the County, to improve that portion of 11 01h Street Southeast affected by the Tract X
designation.
SECTION 2: Upon reversal of the 110111 Street Southeast road access, the
City's Public Works Department, as part of its 277111 Street Corridor Project is hereby
authorized to construct a berm and/or fence across the current access point from 110 111 Street
Southeast onto Southeast 274 111 Street and also across other adjoining right-of-way or
private property with appropriate modifications to existing drainage in the areas affected
by the berm and/or fence. When reversal of access on 110111 Street Southeast is complete,
no future vehicular access will be allowed on or from Southeast 274 111 Street.
SECTION 3. The City Attorney is authorized to prepare and the Mayor is
authorized to execute those agreements that are necessary to complete the change of access
on 110111 Street Southeast, relinquishment of any rights the City may have to Tract X,
relinquishment of any rights the City may have to require the affected property owners not
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to protest the formation of a Local Improvement District to improve the Tract X portion of
110111 Street Southeast, and to construct the above-referenced berm.
SECTION 4. The provisions ofthis resolution are declared to be separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or
portion of this resolution, or the invalidity of the application thereof to any person or
circumstances shall not affect the validity of the remainder of this resolution, or the validity
of its application to other persons or circumstances.
Passed at a regular meeting of the City Council of the City of Kent, Washington
this .iY_ day of C~-'1998.
Concurred m by the Mayor of the City of Kent, this d~ day of
ATTEST:
v0.. // ~/~~ / ct.~'"L-
BRENDA JACOBE~, C Y CLERK
APPROVED AS TO FORM:
I hereby certify that this is a true and correct copy of Resolution No. I 5o g ,
passed by the City Council of the City of Kent, Washington, the ;:2_ I day of
¥~ ,1998.
P:ILA WIRESOLUTI\closu• e doc
BRENDAJACO~
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F~OM :CITY KENT M~YORS OFC 253 813 2067 1998,04-20 07109 ~532 P,82/02
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