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Home My WebLink About3219C.� MAY 18 1995 ORDINANCE NO.32LI AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating that portion of West Titus Street, a dedicated and open street west of 5th Avenue in the City of Kent. WHEREAS, application was filed with the City of Kent by Webster Court Apartments Limited Partnership and Titus Court Apartments Limited Partnership, owner of property abutting the applicable portion of West Titus Street, for the vacation of a portion of a dedicated and opened segment of West Titus Street lying west of 5th Avenue in the City of 11 Kent (See Exhibit A); and WHEREAS, the Kent Planning Director processed this petition and secured technical facts pertinent to the question of this vacation along with a recommendation as to approval or rejection by the Public Works Department; and WHEREAS, the Kent City Council, by Resolution 1421 fixed a time when said petition would be heard and the hearing was held with proper notice on March 5, 1995, at 1 7:00 p.m. in the City Council Chambers of the Kent City Hall; and WHEREAS, the Public Works Department and Planning Director recommended that the City Council approve the application upon the applicant's fulfillment of certain conditions; and i i 'i 1 WHEREAS, after the public hearing on March 5, 1995, the City Council approved the vacation so long as the applicant first fulfilled all the conditions recommended by staff, I and WHEREAS, the applicant has now fulfilled all of the conditions imposed by j Council; and WHEREAS, the City Council finds that the street sought to be vacated is: (1) an open, dedicated street and presently being used as a street; (2) not abutting on a body of 11 water and therefore not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use; and (3) a vacation which is in the public interest; and In WHEREAS, the City Council has directed the preparation of an ordinance vacating O the portion of said street; NOW, THEREFORE, Z� O '! 3!? THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The forgoing recitals are incorporated as if fully set forth herein. i Section 2. That portion of West Titus Street described in the street vacation application of Webster Court Apartments Limited Partnership and Titus Court Apartments Limited Partnership, which is attached as Exhibit A and incorporated herein by this reference, is hereby vacated. Section 3. No vested rights shall be affected by the provisions of this ordinance. 2 �i Section 4. This ordinance shall be in effect and be in force thirty (30) days from the time of its final passage as provided by law. ATTEST: BRENDA JACO R, ITY CLERK APPROVED AS TO FORM: ROG A. LUBOVICH, CIT°..onT.E 0 a� PASSED the 4 day of , 1995. G APPROVED the day of , 1995. PUBLISHED the 7 day of , 1995. I hereby certify that this is a true and correct copy of Ordinance No.3 -J/, passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JA OB , CITY CLERK STVACN#8.ORD 3 "GeraJd�O 'McCaugh T ►jal11C';and Titus Court Apartments 'Limited Pn t CITY OF KENT 220 So. 4th Ave. Address: _8746 South 113th Street Kent, NA 98032 UEC 2 `i 1994 Seattle, WA 98178 GE:PvTM Phone: r n ll 30 ? ( 206) 772-6666 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 property hereby be vacated. (General Location) Legal Description That portion -of Titus Street lying west of 5th A e� ryajtp portion of Titus on the West. (l D JA'1 - 519q5 CITY C CITY CLERK BRIEF STATEMENT WIIY VACATION IS BEING SOUGHT Parking spaces for low-income seniors and disabled in apartment complex. 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 riot less than 1" = 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS TAX LOT # SIGNATURES AND ADDRESSES L LOT, BLOCK $ PLAT/SEC. TWN. RG 7.0� �01� �C�� fl c /-Vl/ /Sh-_l4 _z7_ <.v), ,, _ (JW), ,L, ,---Cr 6-1 / 1S/n, /,/ /. $150.00 Fee Paid Appraisal Fee Paid Land Value Paid Deed Accepted Trade Accepted 5224-33A Treasurer's Receipt No. Treasurer's Receipt No. Treasurer's Receipt No. Date Date EXHIBIT_ MEMO TO: Mayor Jim White and City Council Members FROM James P. Harris, Planning Director n on an SUBJECT: Report cate a porttionmofnWestoTitus Street p lication to vacate west of 5th Avenue South (#STV -95-2). RECOMMENDATION: APPROVE with conditions I. Name of Applicant Webster Court Apartments Limited Partnership and Titus Court Apartments Limited Partnership 8746 South 113th Street Seattle WA 98178 II. Reason for Recruestinq Vacation The applicant states that the vacation is being sought for "parking spaces for low-income seniors and disabled in the apartment complex". III. Staff Recommendation After reviewing comments from the following departments and 1l� agencies: 0 Public Works Fire Police Puget Power Washington Natural Gas and conducting our own review, the Planning Department recommends that the request to vacate a portion of Titus Street west of 5th Avenue South as mentioned in Resolution 1421 and shown on the accompanying map, be APPROVED with the following conditions: 1. The City of Kent shall be compensated for this street vacation in accordance with State Law and Kent Codes. Staff Report Portion of W. #STV -95-2 Page 2 Titus Street 2. The City shall retain utility easements over, under and upon the proposed vacated right-of-way along with the right to grant similar rights to other public/private utility providers. 3. The applicant shall provide proof, to the satisfaction of the Public Works Director, that all property fronting on this proposed vacated right-of-way shall have ingress and egress access rights within this proposed vacated right-of-way to 5th Avenue and that said width thereof shall be at least 26 feet. 4. Included in any redevelopment of the vacated Q� right-of-way, shall be a 26 -foot -wide paved access road to service the adjacent properties. Said access road 1) shall lie solely within the access easement and shall not be encroached upon by parked vehicles. 0 05. In conjunction with the issuance of a building permit on O any adjacent property, said permittee shall reconstruct Titus Street access onto 5th Avenue to conform to City (� driveway standards for a private driveway. Said reconstruction shall include extending 5th Avenue curb, gutter and concrete sidewalk across same and reworking the drainage system and street pavement to accommodate same. b:stv95.2