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HomeMy WebLinkAbout2895r 9go Ida RE C E 2 ORDINANCE NO. AN ORDINANCE of the City of Kent, Washington, relating to the vacation of streets, vacating a portion of Third Avenue between Gowe and Titus Streets, within the city limits of the City of Kent. i WHEREAS, proper application was filed with the City of Kent for the vacation of a dedicated public street of the City; an WHEREAS, the Kent City Council, by Resolution 1206, fixed a time when said petition would be heard and said hearing was held on property notice on July 5, 1989, at the hour of 7 p.m. in the Council Chambers of the City Hall of the City of Kent, Washington; and f� WHEREAS, the Kent Planning Director processed said etition and secured technical facts pertinent to the question of CTS said vacation which include the sketch of the proposed vacation and, also, written approval or rejection or suggested conditions thereof by the Public Works Department of the City of Kent; and WHEREAS, the Public Works Department and Planning Director recommend approving the vacation subject to certain conditions as contained in Kent Planning Department staff report attached at Exhibit A hereto; and 4 WHEREAS, it appears the granting of said petition would of be a menace or inconvenience to the traveling public or to any other person using the streets or alleys of the City of Kent, Washington; and WHEREAS, the City Council by Resolution directed the reparation of an ordinance vacating the portion of said street �pon meeting the conditions outlined above; and i WHEREAS, all pre -construction conditions have been met by applicant, and the performance of post -construction conditions laving been guaranteed by the execution of a Letter of Commitment axecuted by applicant and dated January 12, 1990, attached as Exhibit B hereto; and WHEREAS, the applicant has compensated the City at the fair market value of the vacated street by (cash or real property of at least equivalent value as determined by the Kent Public rks Department); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES REBY ORDAIN AS FOLLOWS: Section 1. That portion of third Avenue between Gowe and Titus Street, within the city limits of Kent, Washington, and more fully described in Exhibit C attached hereto is hereby vacated, subject to the conditions contained in Kent Planning Department staff report attached hereto, and subject to fulfillment of Dost -construction conditions as contained in Letter of Commitment ted January 12, 1990 (Exhibit B) executed by applicant appenbach, Kent Public Works Director and Kent Planning Director. Section 2. No vested rights shall be affected by the rovisions of this Ordinance. Section 3. Effective Date. This ordinance shall take ffect and be in force thirty (30) days from the time of its final assage, as provided by law. - 2 - KELLEHER, MAYOR kTTEST: E JENSEN,/'CTITY C TO FORM: INS COLL, CITY ATTORNEY ,ASSED the day of L1 1990. .PPROVED the day of , 1990. IUBLISHED the �� day of , 1990. I hereby certify that this is a true copy of Ordinance To. `x_. Passed by the City Council of the City of Kent, +lashington, and approved by the Mayor of the City of Kent as hereon Lndicated. 7200-260 ( SEAL) MARIE JEN N CITY CL RK - 3 - exhibit A KENT PLANNING DEPARTMENT June 29, 1989 MEMO TO: Mayor Dan Kelleher and City Council Members FROM: James P. Harris, Planning Director SUBJECT: REPORT AND RECOMMENDATION ON PORTION OF THIRD AVENUE LYING STREET - #kSTV-89-3 I. Name of Applicant City of Kent 220 Fourth Avenue S. Kent, WA 98032 AN APPLICATION TO VACATE A BETWEEN GOWE STREET AND TITUS II. Reason for Requesting Vacation Third Avenue needs to be vacated so that the Centennial Building can be built as planned; it will expand across Third Ave. III. Staff Recommendation APPROVAL WITH CONDITIONS After reviewing comments from the following departments and agencies: Public Works Department, Don Wickstrom and Tim Heydon Fire Department, Chief Norm Angelo and conducting our own review, the Planning Department recommends that the request to vacate a portion of Third Avenue as mentioned in 0 Resolution 1206 and shown on the accompanying map, be APPROVED with the Q following conditions: 1. Third Avenue is classified as a Class B street under Ordinance 2333 and as such the City shall receive one-half the full Q appraised value for that portion to be vacated. Q 2. Prior to or in conjunction with the issuance of a development permit upon, under or over the vacated street right of way, the developer shall relocate/ reconstruct the existing water main at the developer's sole expense and cost, and to the City's satisfaction such that it shall not lie under a building and/or structure and shall be readily accessible for City maintenance and operation. The developer shall grant to the City any necessary easements. 3. Prior to or in conjunction with the issuance of a development permit over, upon or under the vacated street right of way, the developer shall construct/reconstruct a drainage system at the developer's sole expense and cost and to the City's satisfaction. Said drainage system is to provide service to the southerly half of the vacated street right of way which STREET VACATION #STV -89-3 JUNE 29, 1989 presently is serviced from the easterly parking lot system. The developer shall grant to the City any necessary easements. 4. The City shall retain easement rights for vehicular and pedestrian access purposes and also utility purposes over, upon and under the southerly half of the street vacation. 5. The City shall retain easement rights for utility purposes over, upon and under the northerly one-half of the street vacation. Said easement rights may be adjusted, modified and/or transferred to adjacent properties as determined appropriate by the Public Works Director, in order to conform with the final alignment of the City utilities. JH: ca Attachment 2 6. The existing mid -block driveway, lying on the west side of Third Avenue and currently being used for vehicular and pedestrian access to the City Hall site, shall be maintained. 7. The City shall retain full use of the vacated. street right of way and it shall be open for public use until the date a development permit is issued thereon. 8. The storm drain system for Third Avenue is serviced via the drainage system within the parking lot on the northeasterly corner of Third Avenue and Gowe Street. Because of this, the City shall retain full rights to use said parking lot drainage system for release of storm water collected on Third Avenue until and upon either a development permit is issued upon the vacated street right of way or the developer reconstructs a drainage system to service Third Avenue. C� O 9. The City shall retain the right to transfer utility rights over, upon and under the vacated street right of way to the private utilities which may be located therein, such as Cq telephone, gas and cable TV. Said utility rights shall only O O be transferred to said private utility company upon their relocating or adjusting their facilities to conform to the redevelopment of the vacated street right of way. 10. This street vacation shall be contingent on the completion of the sale of City property lying adjacent to Third Avenue, for the purposes of developing the Centennial Building. Should the City not sell the property for the purposes intended, then this street vacation shall become null and void. JH: ca Attachment 2 '1 r .� ' � F , ,. ! � ,gyp ,r)5 i r'S /_•y � r• s•i.,ri , ori r ltir '•� Ir t ` 'r �� `) �^ l y , 1 4 1 I Z 1 r ;j95 ►r 7, 1. i t •. 1 „ a•I�.n I r r' GOWE STREET LU Z G'TY a ry ren 00 toft J l-1 C312A1ZY _. J y, rrFS (O I Z�} Crll I C j61) n (lZ I eA!w T1 T 0:5STRG E T V41 r 7. 1-7,757--777 r .. r <� u 7 . t (, R 1 1Al Ip`� _ ... ._... ............ ..... _....« .. - , Ll 'eo I Oy c Ar-T U ti; TH,4\lfE�,Ju6� oRe!;o Ili i'or, I Z of Qi Afe .2 a � V�c�tioh 11NeJol, loo feet 0 1 4.� O 0 M VA — 1 e. — •a 0 T 1_I E 1 rr. = r' r' H 1 L L 1 r' V EXHIBIT 1 S January 16, 1990 Mr. Douglas W. Klappenbach Kent Centennial Limited Partnership Suite 4050, Key Tower 1000 Second Avenue Seattle, Washington 98104 B RE: Centennial Building Street Vacation of a portion of Third Avenue between Gowe and West Titus Streets #STV- 99--3 f Dear Doug: A on July 18, 1989, the City of.Kent, acting by and through the Kent City Council, approved the above -referenced Street Vacation with the conditions as outlined in the staff report dated June 29, 1989. With respect to these condition4, please be advised as follows. The plans and specifications for the Centennial Building (inninding nffire hifl1din(I anr3 DArking mtriintstrP) ("P-enjF.hrt'I) reflect the relocation/reconstruction of the existing water maim to the City's satisfaction in accordance with the requirements bf condition 2. At the time of completion of such ; relocation/reconstruction, Kent Centennial Limited Partnership,, as "Developer", will execute the form of Easement for Water Main, showing as -built locations, attached to this letter. i Further, the plans and specifications for the Project reflect the construction of a drainage system to the City's satisfaction in accordance with tho requirements of condition 3 The City will not require easements for Storm Drainage. Developer is providing a pedestrian mid -block connection a shown in the plans and specification for the Project and agrees' to execute, at the time of Project completion, utility easement and easements for pedestrian acces� purposes over, upon and under the pedestrian mid -block connection in accordance with condition► 4. Mr. Douglas W. Xlappenbach January 16, 1990 Page 2 Developer agrees to execute, at the time of Projoct completion, utility easements over,, upon and under the northerl one-half of the Street Vacation in accordance with condition 5.i Satisfaction of condition s shall not be require,. The natural gas line located in the Street Vacation right! of way will be relocated by Developer. The city shall retain tie right to transfer utility rights over, upon and under the vacat6d street right of way to the private utilities which ma� be locat6d therein, such as telephone, gas and cable TV. Said utility rights shall only be transferred to said private utility compan o upon their relocating or adjusting their facilities to conform the redevelopment of the vacated street right of way.i All other conditions of the Street Vacation are eatlsfied pr will, be satisfied during the construction of the Project in accordance with the plans and specifications upon which the cit of Kent issues its approval and appropriate permits. s i CITY OF KENT Ja es P. a s 2 s Planning Director J i BY 7 Don Wickstrom j Department of Public Worksi Agreed and Accepted this _t�day of January, 1990. KENT CENTENNIAL LIMITED PARTNERSHIP a Washington limited partnership BY CENTENNIAL VENTURE LIMITED PARTNERSHIP, i a Wash i*on limited partnership, f Its G neral artner By �,r oug a W. ap enb Its M naging General Partner i d Developer agrees to execute, at the time of Projoct completion, utility easements over,, upon and under the northerl one-half of the Street Vacation in accordance with condition 5.i Satisfaction of condition s shall not be require,. The natural gas line located in the Street Vacation right! of way will be relocated by Developer. The city shall retain tie right to transfer utility rights over, upon and under the vacat6d street right of way to the private utilities which ma� be locat6d therein, such as telephone, gas and cable TV. Said utility rights shall only be transferred to said private utility compan o upon their relocating or adjusting their facilities to conform the redevelopment of the vacated street right of way.i All other conditions of the Street Vacation are eatlsfied pr will, be satisfied during the construction of the Project in accordance with the plans and specifications upon which the cit of Kent issues its approval and appropriate permits. s i CITY OF KENT Ja es P. a s 2 s Planning Director J i BY 7 Don Wickstrom j Department of Public Worksi Agreed and Accepted this _t�day of January, 1990. KENT CENTENNIAL LIMITED PARTNERSHIP a Washington limited partnership BY CENTENNIAL VENTURE LIMITED PARTNERSHIP, i a Wash i*on limited partnership, f Its G neral artner By �,r oug a W. ap enb Its M naging General Partner i T l,1 E I o 1 F H I L L I F' :_: 4J I L :_: O M P_ F=t E- 9 i s 3 S r WATER MAIN EASEMENT � For valuable consideration, receipt of which is riereby acknowledged, , ad the Grantor Kent Centennial Limited Partnership?a Washington limited partnership, owner of that certain real property legally described on Exhibit A, attached hereto and incorporated herein by this reforence ("Grantor's Property"), hereby grants and conveys to the city of Kent, a munidipal corporation (the "city"), its successors and assigns,;a non- exclusive, perpetual easement over} under and across that portin of Grantor's property legally described on Exhibit B,,;attached t hereto and incorporated herein by this reference (the."Easement'• Tract"), for purposes of maintaining and operating that certain; WATER MAIN constructed on portions of Grantor's Propetty which :. forms a part of the water system serving Grantor's Property { ("Water System"). Tho eacoment granted herein io for the sole pui^posS of maintenance and operation of the Water Main and Water,System, and for no other purpose. Nothing herein contained shall.be deemed to be a gift or dedication of any portion of Grantor's Property' to the general public or for the general public or fob any public uses whatsoever other than those specifically granted herein. Granton reserves the right to use the Easement T�aet for a�y purpose not inconsistent with the easement herein granted, and further reserves the right to grant any other easement, license or right of way, under, over or across the easement tract that may, in Grantor's sole discretion,.be necessary for any purpose; ' I Grantor acknowledges and agrees that no building or , structures shall be constructed within the Easement Tract, p however, in the event the easement granted herein interferes with any future improvements to be located on Grantor's Property, this C1 pagpmPnt may he relocated at the expense of Grantor, subject to O the prior approval of the City of Kent, Department of ;Public © Works Director. The easement herein granted and the rights and restriction herein created shall be covenants running with the land and shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the parties hereto. DATED this day of - —_--- __ _---_.... _. ____, 19_._ .• I KENT CENTENNIAL LIMITED ARTNERSH P By Centennial Venture Limited Partnership, Its General Partner a By j Douglas W. Klappenbach, Managing General Partner I -1- TI_IE I G 'D PH I LL I F'SLJ I I S[DN STATE OF WASHINGTON F' 0 i I E l ss. COUNTY OF KING on this day personally appeared before me _ , to me known to be the of Centennial Venture'Limited Partnership, the partnership that executed the within `and j foregoing instrument, and acknowledged the instrument to be the` free and voluntary act and deed of said partnership for the useA and purposes therein mentioned, and on oath stated that he was duly authorized to execute said instrument on behalf of the partnership. j IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 19^. - i t t NOTARY PUBLIC in and for the State of Washington, residing at ; My' } comm ssion expires:_ ) C j 1 4f 1 I y 1 r1 o 0 j EXHIBIT A LEGAL DESCRIPTION FOR -VACATED 3RD AVE. S. That portion of 3rd Avenue South lying south of West Gowe street. .North of West Titus Street and oR Kent,, between Blocks 13 and Volume 5, Page864n inKlers ing First Addition to the Town , County, Washington.