HomeMy WebLinkAboutPW10-150 - Original - Federal Way School District - S 268th Street Vacation - 07/29/2010 STREET VACATION AGREEMENT
South 268th Street
Between the City of Kent and Federal Way School District
This Agreement is by and between the Federal Way School District ("District"), a
political subdivision of the State of Washington, whose mailing address is 31405
18th Avenue S., Federal Way, WA 98003, and the City of Kent, a Washington
municipal corporation, whose mailing address is 220 4th Avenue South, Kent,
Washington, 98032, ("City").
The purpose of this Agreement is to establish the terms and conditions upon which
the Public Works Director will recommend that the City Council adopt a vacation
ordinance.
RECITALS
A. The District is the sole underlying fee owner of the City's right of way for
South 268th Street between 42"d Avenue South and 40th Avenue South in Kent,
Washington, more specifically described in Exhibit A, incorporated by this
reference, and as shown on Exhibit B ("ROW"), incorporated herein by this
reference.
B. The District 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 facilities, including a City water utility
line.
E. The ROW is necessary for pedestrian travel between 40th Avenue South and
42"d Avenue South and to connect to a City pedestrian way in the Plat of Cambridge
6 (recorded under King Co. No. 6406171) as shown on Exhibit B.
F. The ROW is not required for vehicular travel, but utility facilities must be
relocated and the pedestrian way reserved and improved.
Based upon the foregoing and in consideration of mutual benefits hereby
acknowledged, the District and the City agree as follows:
Street Vacation Agreement
(Between City of Kent and Federal Way School District) Page 1 of 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 City.
Exhibit D.
5. The pedestrian/bicycle pathway ("pathway'l 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 42"d Avenue South right of way to 40th Avenue
South. The pathway will be completed no later than the end of calendar year 2014
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
B . Sze Cooke By:
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Dated Ila Dated: -' 7 . IS . 10
P:\Gvil\Files\OpenFiles\1526-Street Vacations\Agreement Federal Way SD.docx
Street Vacation Agreement
(Between City of Kent and Federal Way School District) Page 2 of 2
Federal Way School District
Job No 246-019-010
June 16,2010 pp��@@��gg ppp�yy
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LEGAL OESC'E3PHOM FOR
VACATION OF RGIff OF WAY
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.
Writren by: D.LR.
Checked by: M,R B.
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® REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
WASH NGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator i'`Lr`FeU�� l�(_ Phone (Originator):
Date Sent- ? Z. !fl Date Required Sv
Return Signed Document to —tt�L CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL:
Brief Fxplanation of Document: 5,e--- c= /-I- Cti[ �
All Contracts Must Be Routed Through the Law Department RECEIVED
(This Area to be Completed By the Law Department)
Received-
City of Kent
Approval of City Attorney, Office of the Mayor
City Attorney CommentsA 27 2010
Date Forwarded to Mayor.
Shaded Areas to Be Completed by Administration Staff
`Rec'eii+ed: ` � � � � 'i� {{
Recommendations & Comments:-
Disposition: cq
Date Returned: --
Iage5870 • 2/04
This street vacation agreement is required by the Public Works Director prior to
recommendation of the Federal Way School District's application for vacation of
unopened So. 2681h Street between 42nd Ave So. and 40th Ave South.
The agreement requires relocation of any utilities in the street and the future
creation of a 12 foot wide pedestrian right of way no later than 2014.
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