HomeMy WebLinkAbout3972ORDINANCE NO. SIAL
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to the vacation
of a portion of South 268th Street, located in the
City of Kent, Washington.
RECTTALS
A. A petition has been filed to vacate a portion of South 268th
Street in the City of Kent, as legally described in Exhibit "4" and as
shown in Exhibit "Br" both of which are attached and incorporated by this
reference.
B. The city's Public Works Department 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 August 3, 2010,
and continued in the city council chambers of Kent City Hall.
D, The city's Public Works Director recommended that the city
council approve the petition, with conditions,
Sfreet Vacation
South 268th
1
E, After the public hearing on August 3, 2010, the city council
approved the vacation with the conditions recommended by staff. Those
conditions have since been satisfied or are the subject of a binding
agreement for future performance, A copy of the agreement now executed
by the Federal Way School District is attached as Exhibit C.
F. The city council finds that the portion of the avenue/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, recreation or education purposes, or other public use; and (3) a
vacation which is in the public interest.
NOW THEREFORE, THE CIry COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7, - Recitals. The foregoing recitals are incorporated as if
fully set forth herein.
SECTION 2. - Vacation A portion of South 268th Street, in the city
of Kent, as legally described in Exhibit *4" and as show in Exhibit "Br"
both of which are attached and incorporated, is hereby vacated.
SECTION 3' - Vested Right No vested rights shall be affected by
the provisions of this ordinance.
SECTION 4, - Severability. If any one or more section,
subsections, or sentences of this ordinance are held to be unconstitutional
Sfreet Vacation
South 268th
2
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.
sEcrroN 5, - corrections by city clerk or code Reviser. upon
approval of the city Attorney, the city Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; references to other local, state or federal laws,
codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
SECTION 6, - Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage as provided by law,
COOKE, MAYOR
ATTEST:
RENDA JACOBER,LERK
APPROVED AS TO FORM:
BRUBAKER, CITY ATTORN EY
PASSED, 3 day of
4
APPROVED: Õ day of
/PUBLISHED: b day of
2010.
2010.
3 Street Vacation
South 268th
2010
I hereby certify that this is a true copy of Ordinance No. 3î 7A
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
EAL)
BRENDA JACOB ITY CLERK
Sfreet Vacation
South 268th
4
Federal Way School District
Job No, 246-019-010
June 1 6, 201 0
EXHIBIT *A'
LEGAL DESCRIPTION FOR
VACATION OF RIGHT OF WAY
The north 30 feet of the northeast quafter of the southeast quarter of the southwest quarter
of Section 27, Township 22 North, Range 4 East, WM.;
EXCEPT the east 30 feet thereof;
ALSO EXCEPT the west 30 feet thereof,
Written by: D.LR,
Checked by: M.R.B.
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DEID RECORDED UNDIR
RECORDING NO.4918219
PROPOSED 32 1 6, UTI tlEASEMENT WITH EXISTING
CITY WATFRI INF
S.26ATH STREET
PROPOSED PSE GUY
ANCHOR EASEN/ENT
PROPOSED PROPFRTY
LINE BETWIEN SCHOOLS
ADJUSTED 55, SOUTH
DTED RECORDED
UNDER RICORDING
NO. 491 821 I
LEGEND_
PROPOSED ,10,PROPOSED 20'
QWEST EASEMENT
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UTILITY EASTMINT
WITH RTLOCATED
CITY WATERLINE
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TAF ACADEMY R/W VACATION
EXHIBIT B
31
EXHIBIT C
STRËËT VACATION AGR.EËMENT'
south 26$fr street
setween the CiW of Kesìt and Federa! Way School Þistrict
This Agreement is by and between the Federal Way School Þistrict ('D¡strict")r â
political subdivision of the State of Washington, whose mailing address is 31405
LSth Avenuê 5., Federal Way, WA 98003, and the CiW of Kent, a Washingto¡
municípal corporation, whose ma¡l¡ng address is 22O 4th Avenue South, Kent,'
Washington, 98032, (*Cûy?.
The purpose of this Agreement is to establish the terms and conditions upon which
the Public Works D¡rector will recomrnend th¿lt the City Council adopt a vacation
ordinance"
IEECITALS
A. The Distrìct is the sole underlying fee ovvner of the City's right of way for
South 268th Street between 42"ö Avenue South and 40tn Avenue South ¡n Kent,
Washington, rnore specifically described in Exhibit A, incorporated by this
reference, and as shawn on Exhibit B CROW'?, incorporated herein þy this
reference.
B. The Dístrict has petitioned for vacation of the ROW herein described and
intends to place portable classrooms upon the property.
C. The ROW has not been opened to vehicular travel.
D. Within the ROW are a number of utility fac¡l¡ti6, including a City water utiliry
line.
Ë, The ROW is necessary for pedestrian tmvel between 40Ù Avenue South and
42od Aven¡ie South and to connect to a City pedestrian way in the Plat of Cambridge
6 (recorded under Klng Co. No- 6406L71) as shown on Exhibit B.
F. The ROW is not required for vel¡icular travel, bnt utílity facilities must be
relocated and the pedestrian way reserved and improved"
Baseci upCIn the foregoing and in consideration of mutual benefits hereby
acknowledged, the District and the City agree as follows:
Street Vacat¡ori Agreement
(Beùtßen Clty of Rent and Neml .Way Scltool District)Page 1 o{ 2
AGREEMENT
1. The foregoing Recitals are adopted into this Agreement by this reference and
all referenced Exhibits are adopted into this Agreement.
2. The subject ROW may be vacated by ordinance subject to the conditions in
the following paragraphs 3 through 5.
3. Prior to the placement of the portable classroom buildings, all utility facilities
will be relocated off the Row by the District at District expense the terms for which
shall be negotiated between the facility owners and the District to the satisfaction of
the Public Works Director.
4. Prior to the placement of the portable classroom buildings, the City's water
line will be relocated by the District at District expense as shown in Exhibit C and
subject to approval and acceptance by the Public Works Director. An easement for
the water line, access thereto and maintenance thereof will be deeded to the CiW.
Exhibit D.
5. The pedestrian/bicycle pathway ("pathway") will be improved by the District
at District expense at a specific location on property owned by the District to be
mutually agreed upon by the District and the City. The minimum dimensions of the
pathway shall be 12 feet in width and 4 inches in depth of pervious asphalt
pavement. The pathway shall extend from the Plat of Cambridge 6 pathway as
shown on Exhibit B, across the 42nd Avenue South right of way to 40th Avenue
South. The pathway will be completed no later than the end of calendar year 20L4
at which time the District will deed the pathway easement in perpetuity to the City
and transfer ownership of the improvement to the City. Pathway work will be
regarded as complete upon acceptance by the Public Works Director.
6. This Agreement shall be effective as of the last date below executed
CITY OF KENT FEDERAL WAY
SCHOOL DISTRICT
?.t3.10
P:\Civil\Files\OpenFiles\1526-Street Vacât¡ons\Agreement Federal Way SD.docx
Street Vacation Agreement
(Beb¡veen City of Kent and Federat Way Schoot District) Page 2 of 2
By
Its
Dated
Federal Way School District
Job No. 246-019-010
June 16,2010
EXHIBIT "Æ'
LEGAL DESCRIPTION FOR
VACATION OF RIGHT OF WAY
The north 30 feet of the northeast quafter of the southeast quarter of the southwest quarter
of Section 27, Township 22 North, Range 4 East, W.M.;
EXCEPT the east 30 feet thereof;
ALSO EXCEPT the west 30 feet thereof,
Written by: D.LR.
Checked by: M.R.B.
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PROPOSED PROPIRTY
LINE BETWEEN SCHOOLS
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DEED RECORDED
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OWEST EASEMENT
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ARIA OF PROPOSTDL--l RrcHT ot wAy vACATtoN
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s.272ND STREET
TAF ACADEMY R/W VACATION
EXHIBIT B
EXHIBIT D
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent Washington 98032
Attn : Englneering/Property Services
Grantor EEI\^t tÁt^v e,^u I rìrcTÞtrr rÉf I n
Grantee : Citv of Kent
Abbreviated Legal Þescription: PORfiON OF THE SW QUARTER OF
SECTION 27, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILI-AMETTE
MERIDIAN, CITY OF KENT, KING COUNTY, WASHINGTON.
Additional Legal Description on page 4 of Document
Assessor's Tax Pa rce I Nos. 27 220 49L52, 27 22049026, 27 ZZA49 LIZ
STR:SÉCTTON 27. TÕWNSHIP ?? NÕRTH . R.ANGE 4 EAST
Project Name: TAF ACADEMY PORTABLE CLASSROOMS 2010
UTILITY EASEMENT
( M UNTCTPAL CORPORATION )
THIS INSTRUMENT made this_day of 20-_by andbetween'FEDERA icipal corporation
hereinafter called "Grantors" and CITY oF KENT, a municipal corporation of
King County, State of Washington, hereinafter called "Grantee":
WITNESSETH: That said Grantors for and in consideration of mutual
benefits and/or other valuable conslderatlon receipt of whlch is hereby
acknowledged by said Grantors, do by these presents grant, bargain, sell,
convey, and confirm forever unto the said Grantee, its successors and/or
assigns, an exclusive easement for utilities with necessary appuftenances,
including use of incidental areas immediately adJacent for the lnstallatlon,
operatlon, malntenance, extending, construction, altering, reconstructing and
repair over, through, under, across and upon the following described
property situated in King County, Washington, more particularly described as
follows:
Refer to Exh¡bit "p-1" attached and made a pãrt hereto
The said Grantee shalf have the right without prior institution of suit or
proceedlng at law, at times as may be necessary, to enter upon said property
and immedíate adjacent areas with the neçessary equipment for the
purposes of altering, installation, operation, maintenance, extendlng,
constructing, repair and reconstructing of said utilities or making any
connections therewith without incurring any legal obligation or liability
therefore; providing that said altering, installation, operation, maintenance,
extending, constructing, repair and reconstructing of said utllitles shall be
accomplished in such a manner that the private improvements existing within
this easement area including said incidental areas shall not be disturbed or
destroyed, or in the event they are dlsturbed or destroyed, they will be
replaced ln as good a condition as they were immediately before the
property was entered upon by the Grantee.
The Grantor shall retain the ríght to use the surface of thls easement
including sald incldental areas so long as said use does not interfere with the
uses heretofore defined. Under no circumstances shall any cement concrete
or any structures be placed or erected on this easement.
Grantor shall not change the surface grades, except as approved in advance
by said Grantee, in any manner which would unreasonably ínterfere with
lngress, egress and access by said Grantee and/or adversely affect the
exlstlng utility and/or the utility to be installed therein.
This exclusive easement shall be a covenant running with the land forever
and shall be bindíng on the Grantor's successors, heirs, and asslgns.
GRANTOH:GRANTOH:
by þy
Itc
STATE OFWASHINGTON
COUNTY OF KING
)
) ss.
)
On this day of
and for the State of Washington, personally appeared
20* before me a Notary Puþlic in
and
to me known to Þe the _ and
of FederalWay School Dlstrict #210,a Washington
municlpal corporation that executed the foregoing instrument and acknowledged it to be
the free and voluntary act of said rnunicipal corporation, for the uses and purposes
mentloned in this lnstrument and on oath stated that they were authorized to execute sa¡d
instrument
APPRCIVED AS TO FORM:
Kent Law Department
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Notary Saal Must Aprp,at Wlthln Thls 8ox
lN WIINE$S WiEREOF,l have hereunto set my hand and official
seal that day and year llrst above wdtten.
NOTARY PUBLJC, in and for the State of
Washington, reslding at
My appointment expires
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Federal Way School District
Job No, 246-019-010
June 1 5, 201 0
EXHIBIT "D.1"
LEGAL DESCRIPÏON FOR
UTILITY EASEMENT
That portion of the southwest quafter of Section 27, Township 22 North, Range 4 East
W.M., in King County, Washington, more particularly described as follows:
COMMENCING at the northwest corner of Lot 28 of the Plat of Cambridge 6, as recorded
under Recording No. 6496171;
THENCE along. the westerly line of said lot, being coincident with the easterly margin of
unopened 42nd Avenue South, S 00'57'46" W, 49,92 feet;
THENCE N 89"17'36" W 30.00 feet to the westerly margin of said 42nd Avenue South and
the TRUE POINT OF BEGINNING;
THENCE N 89'17'26'W,320.41 feet;
THENCE N 44"17',26',W,73,65 feet;
THENCE N 89'17'26'W,229,97 feet to the easterly margin of 40th Avenue South;
THENCE along said easterly margin, S 01"01'31'W 22.83teel;
THENCE S 88"57',57" E, 5.60 feet;
THENCE S 00'59'19" W, 9,30 feet;
THENCE S 8917'26' E,79,98 feet;
THENCE N 00"42'.34" E,12.16 feet;
ESM Federål Wãy
l8l S 333rd St, Sldg C. Ste 210
Federôt Way, WA 98003
253.838.ól l3 lel
ËSM Ëvêrelt ESM E.stêrn Washlngton
221! W Dotarwôy Rd, Sle I
Ett€nsburg, WA 90926
509.9ó2.2ó00 lel
877.9ó2.2ó08 toll free
5O9.962.2611 lax
I 0l 0 SE Eve.ett Matl Way. Ste 203
Everett. wA 98208
¿25.297.9900 lel
253.838.?l 04 tax 425.297.99ø1 rex
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Federal Way School District
June 15,2010
Page 2
THENCE S 89"17',26', E,136.28 feet;
THENCE S 44"17'26' E,73.65 feet;
THENCE S 89"17'26' E,328.61 feet to said westerly margin of 42nd Avenue South
THENCE along said westerly margin, N 00"57'46' E, 20,00 feet to the TRUE POINT OF
BEGINNING;
Written by: D.LR.
Checked by: M.R.B.
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EXHIBIT D-2
TO ACCOMPANY LEGAL DESCRIPTION
FOR UTILITY EASEMENT
A PORTToN 0F THE SE 1/4 THE SW 1/4
sEcïtoN 27,1. 22 N., R. 4 E., W.M.,
KING COUNTY, WASHINGTON
POINT OF
COMMENCEMENT
DEED RECORDED UNDER
RECoRD|NG NO. 491821
S.268TH STREET
LOT
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KING COUNTY, IJÊ
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
ATTN: CITY CLERK
WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET
Document Title¡ City of Kent Ordinance No. 3972, Relating to Vacation of Portion
of S. 268th Street
Grantor¡ City of Kent, a Washington municipal corporation
Grantee: The Public
Abbreviated Legal Description:The north 30 feet of the northeast quarter of
the southeast quarter of the southwest
quarter of Section 27, Township 22 North,
Range 4 East, W.M;
Except the east 30 feet thereof
ALSO EXCEPT the west 30 feet thereof
Additional Legal Description .on Exhibit "4" of document.
Assessor's Tax Parcel ID No. N/A
Project Name: Ordinance No 3972
Document Datel August 3,20L0
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Ordinance 3972
Page 1 of 1
STATE OF \ryASHINGTON, COUNTY OF KING }AFFIDAVIT OF PUBLICATIONPUBLIC NOTICELinda M Mills, being ûrst duly sworn on oath that she is the LegalAdvertising Representative of theI(ent Reportera weekly newspaper, which newspaper is a legal newspaper ofgeneral circulation and is now and has been for more than six monthsprior to the date of publication hereinafter referred to, published inthe English language continuously as a weekly newspaper in KingCounty, Washington. The Kent Reporter has been approved asa Legal Newspaper by order of the Superior Court of the State ofWashington for King County.The notice in the exact form annexed was published in regularissues of the Kent Reporter (and not in supplement form) which wasregularly distributed to its subscribers during the below stated period.The annexed notice, a:PublÍc Noticewas published on August 6,2010CITY OF KENTNOTICE OF ORDINANCESPÀSSED BY TIIECITY COUNCILThe following is a summary ofordinances passe<l by the KentCity Council on August,3, 2010:ORDINANCE NO. 3972AN ORDINANCE of the CityCouncil of the City of Kent,Washington, relating to thevacation of a portion of South268th Street, located in the Citvof Kent, Washington.Effective Date:September 2, 2010Each ordinance will take effect30 days from the date of passage,unless subjected to referendum orvetoed by the Mayor, or unlessotherwise noted. A copy of thecomplete text of any ordinancewill be mailed upon request to theCity Clerk.Brenda Jacober,CMC, City ClerkPublished in the Kent Reponeron August 6, 2010. #392727.The fullthe sumLegal Advertising Representative, Kent ReporterSubscribed and sworn to me this 6th day of August, 2010amountof the fee charged for said foregoing publication is$z3.96. ' oØ)aÆ*-Millsr___ììì.;'ïl'lxl,,u,:s t;rl.¡¿$ìì' l\X,,),.G'izr,t *,.:-.iþo':t'í", 2,Z i: 2z=':, ,""" ^ - Jt^\ -: P í'. -',....^. '."*tòO1s) -S. _'s t.,rÀ1.._:_-Number:inCP.OWashingtonState of Washington, Residing