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HomeMy WebLinkAbout3749l • / CFN=102 - Street Vacation Passed - 5/3/2005 Street Vacation - McMillin Street Recorder's # 20050520002831 The date ["Beginning July 1, 1998"] has led to confusion. This date will be deleted from cover sheets of ordinance/resolution revision pages. This cover sheet will be deleted on electronic pages only, no other deletions or changes have been made to the document — 6/21/2012. 0 ORDINANCE NO. .7 AN ORDINANCE of the City Council of the City of Kent, Washington, relating to the vacation of a portion of the alley lying within Block 20, Washington Central Improvement Company's First Addition, and McMillin Street lying between Block 19 and Block 20 in the City of Kent. RECITALS A. A petition has been filed by the Kent School District to vacate a portion of the alley lying within Block 20, Washington Central Improvement Company's First Addition, and McMillin Street lying between Block 19 and Block 20 in the City of Kent; as legally described in Exhibit "A", attached and incorporated herein by this reference. B. The City's Planning Services Office processed this petition and, after consulting with all appropriate city departments, secured technical facts regarding the proposed vacation. C. The City Council fixed a time for a public hearing on the petition and the hearing was held with proper notice on April 5, 2005, in the City Council Chambers the Kent City Hall. Street Vacation - McMillin Street D. The Planning Services Office recommended that the City Council approve the petition. E. After the public hearing on April 5, 2005, the City Council approved the vacation recommended by staff. F. The City Council finds that the portion of the alley/street sought to be vacated is: (1) a dedicated alley/street that is presently unused; (2) not abutting on a body of 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. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. — Vacation. That portion of the alley lying within Block 20, Washington Central Improvement Company's First Addition, and McMillin Street lying between Block 19 and Block 20 in the City of Kent; as described in Exhibit "A", is hereby vacated. SECTION 3. —Vested Right. No vested rights shall be affected by the provisions of this ordinance. SECTION4. — Severability. If anyone or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2 Street Vacation - McMillin Street SECTION S. –Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ATTEST: �dL Go-GY�✓ BRENDA JACOBEIUCITY CLERK APPROVED AS TO FORM: n qfe J Jam, MAYOR Yn Te -I�ok C 2 wx PASSED: day of , 2005. APPROVED: 5 day of � � 2005. PUBLISHED: % day of , 2005. I hereby certify that this is a true copy of Ordinance No. I'?W 2passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P \CmNORDIK NCEVvaxte-Mq- fil nStF et dm % _ ✓ _ cz4rit— (SEAL) BRENDA JACOBER, ITY CLERK Street Vacation - McMillin Street y a o l 0. 0 EXHIBIT "A" THE ALLEY LYING WITHIN BLOCK 20, WASHINGTON CENTRAL IMPROVEMENT COMPANY'S FIRST ADDITION TO THE TOWN OF KENT, RECORDED IN VOLUME 3 OF PLATS, PAGE 97, KING COUNTY, WASHINGTON. AND ALSO MCMILLIN STREET LYING BETWEEN BLOCKS 19 AND 20 IN SAID PLAT. EXCEPT THE SOUTH 33.00 FEET OF THE WEST 133.00 FEET OF SAID MCMILLIN STREET. RESERVING HOWEVER UNTO THE CITY THE RIGHTS TO GRANT UTILITY EASEMENTS TO ANY PRIVATE OR QUASI -PRIVATE UTILITY SUCH AS, BUT NOT LIMITED TO, POWER, GAS, TELEPHONE OR CABLE TV WHICH HAS EXISTING FACILITIES WITHIN (UNDER, UPON AND/OR OVER) THE STREET RIGHT-OF-WAY PETITIONED TO BE VACATED. THE WIDTHS AND LOCATIONS OF SAID EASEMENTS SHALL BE ESTABLISHED AT THE TIME OF GRANT. ALSO RESERVING UNTO THE CITY OF KENT AN EASEMENT FOR UTILITIES OVER THE NORTH 40.00 FEET IN SAID STREET RIGHT-OF-WAY. AND ALSO RESERVING WITHIN SAID 40.00 FEET A 12.00 FOOT WIDE PUBLIC ACCESS EASEMENT FOR BICYCLES AND PEDESTRIANS. 4 r Return Address: Attn: City Clerk City of Kent 220 Fourth Ave. S. Kent, WA 98032 WASHINGTON STATE COUNTY AUDITOR/RECORPER'S COVER SHEET Document Title: City of Kent Ordinance No. 3749, Relating to Vacation of Street Reference Number(s): N/A Grantor(s): City of Kent, a Washington municipal corporation Grantee(s): The Public Abbreviated Legal Description: Ptn of Alley Lying Within Blk 20 Washington Central Improvement Company's First Add to Town of Kent, Vol. 3 of Plats Page 97 Tgw Ptu of Mcmillin Street Btwn Blks 19 & 20 in said Plat Additional legal description is on Exhibit "A" of document. Assessor's Property Tax Parcel/Account Number(s): 91"W21101,917960-1945,917960-21209 917%0-1965, 917960-2095, 917%0-19559 917%0-20909,917960-21300 & 538560-0005 Project Name: McMillin Street Vacation 9Mdocu a*9)wemawd*w ow d by Pwft Nortt►#W Tits as eww" iodebw orgy. tt hu not been examkod at to proper exauflon or M to ite offam upon d". I-