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Home My WebLink About3371ORDINANCE NO. 3.� -7 I AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating a portion of South 238th Street, an existing public street, lying east of Washington Avenue in the City of Kent, but reserving a public utility easement and other related rights within the vacated portion of South 238th Street. WHEREAS, on or about July 21, 1997, a petition, attached and incorporated Exhibit A, was filed with the City of Kent by various owners of property abutting the portion of South 238th Street, an existing public street, lying east of Washington venue in the City of Kent, King County, Washington; and WHEREAS, the Kent Planning Director processed this petition and secured al facts pertinent to the question of this vacation along with a recommendation as to al or rejection by the Public Works Department and other City departments; and WHEREAS, the Kent City Council fixed a time for a public hearing on this ition and the hearing was held with proper notice on October 7, 1997, at 7:00 p.m. in the Council Chambers of the Kent City Hall; and WHEREAS, the Planning Director recommended that the City Counci the petition upon the petitioner's fulfillment of the conditions listed on Exhibit B is attached and incorporated in this ordinance. WHEREAS, after the public hearing on October 7, 1997, the City Council the vacation so long as the petitioner first fulfilled all the conditions recommended staff and approved by Council (see excerpt from October 7 Council minutes, attached and as Exhibit C); and WHEREAS, the petitioner has now fulfilled all of the conditions imposed by ; and WHEREAS, the City Council finds that the street sought to be vacated is: (1) open, dedicated street and presently being used as a street; (2) not abutting on a body of ater and therefore not suitable for acquisition for port purposes, boat moorage or launching wr ites, park, viewpoint, recreational or education purposes, or other public use; and (3) a acation which is in the public interest; and C� r -i WHEREAS, the City Council has directed the preparation of an ordinance GO acating the portion of said street; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES Y ORDAIN AS FOLLOWS: SECTION 1. The forgoing recitals, findings and exhibits are incorporated if fully set forth herein. SECTION2. That portion of South 238th Street lying east of Washington venue in the City of Kent as described in Exhibit A is hereby vacated subject to the of a utility easement over, upon and under the property described in Exhibit A and bject to retention of the City's right to grant utility easements to other public and/or private ility companies. Further, the use of the word, "utility," is intended to be expansive, not ictive, and would, for example, include such private operations as telecommunications, 2 TV, data transmission and fiber optic services, as well as electricity, electronic and gas utility services. SECTION 3. No vested rights shall be affected by the provisions of this SECTION 4. If anyone or more sections, subsections, or sentences of this finance are held to be unconstitutional or invalid, such decision shall not affect the validity the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. This ordinance shall take effect and be in force thirty (30) days the time of its final approval and passage as provided by law. HEST: JACOBER, VED AS TO FORM: CLERK ER A. LUBOVICH "CITY A JIIbYd�;�'vIAYOR %.,v�'- RASSED the IF day of '1997. YPROVED the day of '1997. UBLISHED the f day of 11997. I hereby certify that this is a true copy of Ordinance No. 3.3 7i , passed by City Council of the City of Kent, Washington, and approved by the Mayor of the City Kent as hereon indicated. � -(SEAL) BRENDA JAC BE , CITY CLERK ACN 13.239 .. C! CITY OF )S\1 CM MAIL TO: CITY OF KENT Property Management 220 So. 4th Ave. Kent, WA 98032 Attn: t"1 n r n 1 1 J U L I 1 1997 CC OF KEN APPLICANT: ERK NAME: '24EAfr ID. CCJMM/10005 Address: BUS M , )RaEo f I TC f Fl NGS 2o09 M, Axle SZA7nZ E , vVA, '?6102 - Phone: 9/02Phone: 23 - l STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain hereby be vacated. (General Location) 5t. Legal description 5,-e lA. Z�QGilrf.GL.. I CITY OF KENT JUL 8 1997 ENGINEERING DEPT Sufficient proof, copy of deed contract etc.. supported by King County Tax Rolls shall be submitted for verification of signatures. Without these a "CURRENT" title report shall be required. When Corporations, Partnerships etc. are being signed for, then proof of individual's authority to sign for same shall also be submitted. Attach a color coded map 'of a scale of not less than 1" - 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS SIGNATURES AND ADDRESSES /7 0 O -CI A) nA L Ra ObErt� P - TAX IAT LOT, Blp /SEC. TWN. RG 3$3200-0005 383200- 000(o 92iGo- 0030 929/60 - o02o 92Ri�o— ooia -ell's L A $150.00 Fa Paid Treasurer's Receipt No. Appraisal Fee Paid Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. Dead Accepted Date Trade Accepted Date 220 41A AVE. SO.. 1 KENT, NIASNINOTON 0!032.6005! ENOOiEERMC (206)500.33531 OPERATIONS 12D*40.3305 / FAX 0 5543334 t A i R 9 J t L L 1 vgDo N � O I N Z ��--��' ( OF KENT CITY CLERK z it Lo CY Lo O m 04 o uIll co I I co ry m � � 0 I /O q co W `` W cn CC co �'- (o �M N J co Ma �" ♦ Z N o V � a W O °G C/) t; 0 CITY OF KENT � 'JUL 81997 JG DEPT b SITUATE IN THE CITY OF KENT, KING COUNTY, WASHINGTON. OBERTO SAUSAGE CO. WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 96278.02 JUNE 3, 1997 CITY OF KENT JUL. 81997 ENGINEERING DEPT RE99INE J U L L 1 1::17 DESCRIPTION STREET VACATION PARCEL CrrY� KENT yOF DESCRIBE&IIN 9&% TO THOSE PORTIONS OF SOUTH 238TH STREET, AS OF KENT RECORDED UNDER RECORDING NOS. 7409260487, THE CITY 7804190250 AND 7804190251, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE AOUTHWEST CORNER OF IAT 1,. WESTERN FARMERS_ SHORT TO THE SHORT PLAT THEREOF RECORDED IN VOLUME 3 OF PLAT, ACCORDING SURVEYS, PAGE 127, RECORDS OF SAID COUNTY, THENCE SOUTH 88.36120" THE NORTH LINE OF SAID SOUTH 238TH STREET EAST 177.70 FEET ALONG TO THE MOST WESTERLY CORNER OF SAID PORTION DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7804190251 AND THE BEGINNING OF A ;ERLY A RADIUS OF 661°07FEET NON-TANGENT BEGINNINGHAVING RADIA LINE ECONCAVE THROUGH SAID EARS NORTH 08" WEST); THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY 141.84 FEET THE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 125°01'37" TO OF SAID PORTION DESCRIBED IN DEED RECORDED MOST EASTERLY CORNER UNDER RECORDING NO. 7804190251, THE NORTHWEST CORNER OF THAT PORTION OF SAID SOUTH 238TH STREET VACATED BY CITY OF KENT COUNTY RECORDING NO. ORDINANCE NO. 2081, RECORDED UNDER KING AND THE BEGINNING OF A. NON -TANGENT CURVE CONCAVE 7805010993, WESTERLY HAVING A RADIUS OF 65.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 63054029" EAST); SOUTHERLY AND SOUTHWESTERLY 62.36 FEET THENCE SOUTHEASTERLY, ALONG SAID CURVE AND THE WESTERLY LINE OF SAID VACATED PORTION To THE EASTERLY ANGLE. OF 5IN UNDER RECORDDINGRNER A RECORDEDMOST DESCRIBED DEED"O. OFHROUGH SAID PORTION 7804190250 AND THE BEGINNING OF A NON -TANGENT CURVE CONCAVE Irt NORTHERLY HAVING A RADIUS OF 65.00 FEET (A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 61007109" EAST); NORTHWESTERLY 141.84 FEET THENCE SOUTHWESTERLY, WESTERLY AND ALONv GSAID CURVE ANGLE OF 125001139" TO THE THROUGHSAID r..� CORNER DESCRIBED IN DEED RECORDED (� MOSTWESTERLYY NO. 7804190250 AND THE SOUTH LINE OF SAID PORTION V' UNDER RECORDING DESCRIBED IN DEED RECORDED UNDER RECORDING NO. 7409260487; LINE: TO THENCE NORTH 88.36'20" WEST 177.70 FEET ALONG SAID SOUTH OF A POINT WHICH BEARS SOUTH 01.23'40" WEST FROM THE. POINT Q BEGINNING; EAST 60.00 FEET TO THE POINT OF BEGINNING. �+ THENCE. NORTH 01023'40" THE PARCEL DESCRIBED ABOVE CONTAINS 23,638 SQUARE FEET (0.54 ACRE), MORE OR LESS. SITUATE IN THE CITY OF KENT, KING COUNTY, WASHINGTON. OBERTO SAUSAGE CO. WILLIAM A. HICKOX, P.L.S. BRH JOB NO. 96278.02 JUNE 3, 1997 CITY OF KENT JUL. 81997 ENGINEERING DEPT QTY OF MMEff Planning Department (206) 859-3390lFAX (206) 850-2544 James P. Harris, Planning Director MEMORANDUM October 7, 1997 MEMO TO: Mayor Jim White and City Council Members FROM: James -P. Harris, Planning Director The applicant states, "Vacation requested to facilitate future deveiopment and building expansion.., After reviewing comments from the following departments and agencies: Public Works Fire Parks Puget Sound Energy and conducting our own review, the Plaaniag Department recommends that the request to vacate a portion of South 238th Street as mentioned in Resolution 1496 and shown on the accompanying trap, be APPROVED with the following conditions: Street vacation *STV -97-1 EXH181T�14r�s.) =U 41h AVENUE SOUTH I KENT. WASHINGTON 98132-3895 1 TELttHONE 12531 934-13W SUBJECT: Report and Recommendation on an application to vacate a portion of South 238th. Street Recommendation: APPROVAL WITS CONDMONS (� L Name of A l�cattt O Brent D. Cummings Bush, Roed and Hatchings 2009 Minor Avenue E. Seattle WA. 98102 O (206) 323-4144 H. Reason for Requesting Vacation The applicant states, "Vacation requested to facilitate future deveiopment and building expansion.., After reviewing comments from the following departments and agencies: Public Works Fire Parks Puget Sound Energy and conducting our own review, the Plaaniag Department recommends that the request to vacate a portion of South 238th Street as mentioned in Resolution 1496 and shown on the accompanying trap, be APPROVED with the following conditions: Street vacation *STV -97-1 EXH181T�14r�s.) =U 41h AVENUE SOUTH I KENT. WASHINGTON 98132-3895 1 TELttHONE 12531 934-13W October 7, 1997 Page 2 Under City Code the proposed right-of-way to be vacated is a Class 'B' right-of-way which requires compensation. 1. The petitioner shall reconstruct the cul-de-sac turnaround at a location westerly of this proposed street vacation. Said reconstruction shall be in accordance with City construction standards, and included therewith shall be the deeding to the City of the necessary right-of-way for same. Prior to adopting the ordinance finaliang this street vacation, the petitioner's engineering plans for the relocated cul-de-sac turnaround shall have been reviewed and approved by the Public Works Department. The petitioner shall have deeded to the City the necessary additional right-of- way for same. the petitioner shall have completed the execution of the necessary documents and instruments associated with a developers extension packet for the turnaround improvement as outlined in the City's construction standards. The petitioner shall have paid all fees, obtained all permits and deposited or furnished to the City all bonds, including performance bonds, for d the construction of the cul-de-sac turnaround improvement. Q 2. Compensate the City- in accordance with State law for the value of the vacated right-of-way. Said compensation shall be based on the net amount of right-of-way exchanged (net amount equals amount vacated less amount deeded for the relocated cul-de-sac turn around area). Where City utilities and or private utilities exist within the right-of-way to be vacated, the petitioner shall provide as built locations thereof and grant respective easements for same. Should any City utilities be required to be relocated to accommodate the petitioner's development, said relocation shall be the sole responsibility and expense of the petitioner. JPH/mp:a:stv97.1 cc: Fred N. Satterstrom, Planning Manager - 72M Strr.r - ngmwgE J1 L 21 1997 . "roe ca� z �f ow Q ? d N Z? Cx�• )C'4C n W�h � 1 ngmwgE J1 L 21 1997 . z �f ow Z? )C'4C n W�h w s'3 W 19 N cn co ♦� M cl Cr! N -d U co Cg M z N o Q � a Lu O W M N C'Ty OF KMIr 'JUL a lggT VQ OEPr u 0 r_i C RECEIVED AUG Q s 1937 �c w om exr Kent City Council Minutes October 7, 1997 ORR MOVED to approve the Planning Department s recommendation of approval with conditions on an application to vacate a portion of South 238th Street, as referenced in Resolution No. 1496, and to direct the City Attorney to prepare the ` necessary ordinance upon compliance with the conditions of approval. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 30) S. 238th St. street Vacation Funds AUTHORIZATION to deposit any monies received as compensation for S. 238th St. street vacation into the School Pedestrian Walkway Fund (R36)•, as recommended by the Public Works Committee. This street vacation was approved by the Council after a public hearing this date. EXHIBIT L SEWER sewer project was funded in this immediate area. The understanding was that monies would be coming in for 'latecomers" onto the sewer system and these funds were to be split equally between Police and Fire. These funds are being receipted in as revenue when property owners develop their land, which happens very sporadically. Once the fees are collected as revenue, a "budget change" is required to transfer to expenditure accounts. TRAFFIC CONTROL (CONSENT CALCAR - ITEM 3E) Speed L•i!nit Revisions Desianated on Streets ADOPTION of Resolution No. 1497 repealing Resolution No. 1406, and establishing speed limits revisions on certain designated streets, as recommended by the Public Works Committee.. STREET (PUBLIC HEARINGS - ITEM 2A) VACATION S. 238th St. Street Vacation ST7-97-1. This date has been set to consider an application to vacate a portion of South 238th Street, as referenced in (\j Resolution No. 1496, and as shown on the accom- panying map and discussed in the staff report.. 0 Planning Director Harris pointed the area out on a trap and noted that the applicants have re- quested this street vacation in order to expand their building. Q Mayor White opened the public hearing. There were no comments from the audience, and WOODS MOVED to close the public hearing. Orr seconded and the motion carried. ORR MOVED to approve the Planning Department s recommendation of approval with conditions on an application to vacate a portion of South 238th Street, as referenced in Resolution No. 1496, and to direct the City Attorney to prepare the ` necessary ordinance upon compliance with the conditions of approval. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 30) S. 238th St. street Vacation Funds AUTHORIZATION to deposit any monies received as compensation for S. 238th St. street vacation into the School Pedestrian Walkway Fund (R36)•, as recommended by the Public Works Committee. This street vacation was approved by the Council after a public hearing this date. EXHIBIT L Return Address: 20,c)—qf-k l6bo. Pleas* print or typelafermatioa WASHINGTON STATE RECORDER'S Cover Sheet (RCW6.5.a:) Document Title(s) (or transactions contained therein): (all areas applicable to your dccumeat must be toted in) L4.z_ a p Niq-►�Gl � O aC Reference Number(s) of Documents assigned or released: O Additional reference "'s on page of document O Grantor(s) () (Last name first, thea first name and initials) 1. 2 CI --VY C5F 3. 4. a CU o ❑ Additional names on page of document Grantee(s) (Last name first, thea first name and initials) 1. 2. 0 3 v� 4. LjL ❑ a x Additional names on page of document. Legal description (abbreviated i.e. lot, block., plat or section, township, range) a z Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number M ❑ Assessor Tax # not yet assigned R ti 0 c The Auditor/Recorder will rely on the information provided on the form. The staff will not react the OD document to verify the accuracy or completeness of the indexing information provided herein