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Home My WebLink About1535RESOLUTION NO. /53 _s- A RESOLUTION of the City of Kent, Washington, regarding the vacation of a portion of 188th Street South, a dedicated, unopened street, between that street's intersections with 80th A venue and 80th Place South, and setting the public hearing on the proposed street vacation for May 18, 1999. WHEREAS, a petition, attached as Exhibit A, has been filed by various property owners to vacate a portion of 188th Street South, a dedicated, unopened street, between that street's intersections with 80th Avenue and 80th Place South, in the City of Kent, King County, Washington; and WHEREAS, these property owners own at least two-thirds of the property abutting that portion of I 88th Street South that is now being sought to be vacated; and WHEREAS, the petition is in all respects proper; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing on the street vacation petition requesting the vacation of a portion of 188th Street South shall be held at a regular meeting of the Kent City Council at 7:00p.m., Tuesday, May 18, 1999, in the Council Chambers of City Hall located at 220 4th Avenue South, Kent, Washington, 98032. 188'" Street Vacation SECTION 2. The City Clerk shall give proper notice of the hearing and cause the notice to be posted as provided by state law, Chapter 35.79 RCW. SECTION 3. The Planning Director shall obtain the necessary approval or rejection or other information from the Public Works Department and other appropriate departments and shall transmit information to the Council so that the Council may consider the matter at its regularly scheduled meeting on May 18, 1999. Passed at a regular meeting of the City Council of the City of Kent, Washington this.;2.0 day of~· 1999. Concurred in bv the Mayor of the City of Kent, this .fl 0 day of Clt&.~---, 1 999.- J ATTEST: ~51_~_._:__· BRENDA JACOBEWY CLERK I hereby certify that this is a true and correct copy of Resolution No. !_:i_~ 5 , passed by the City Cotmcil of the City of Kent, Washington, on the ~ day of ~ , 1999. P: \Civil \Resolution \S'l"VAC'. J 8Bt.h.::;r. .. ~RS .ucc 2 188''' Street Vacation I I I I I I I I I I I I I I I . ~ITY oF J.hSJJ!J·h\rJ.1~ 1~ .. ·, __ . .. ,. ; . I . I " -~.~~ • f HAil, '1'0: APPLICAN'l': Pacific Nortpwest Group A CITY OF KENT CITY OF KENT CITY CLERK .. NAHE: c/o Marisa Lindell · Graham & Dunn Property Management 220 so. 4th Ave. Address: 1420 5th Avenue. 33rd Floor Seattle, WA 98101 Kent, WA 98032 c. c-:J t Attn: :::Jel-\~j (M CU . .t, j ~ta.. h Phone: (206) 340-9639 STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent city council: We, the undersigned abutting property owners, that certain s. 188th Street hereby be vacated. Legal description hereby respectfully reques (General Lo·cation) (Must contain Total Square Feet of Area Sought To Be Vacated} See attached Exhibit A. BRIEF S'l'ATEMEN'l' NHY VACATION IS BEING SOUGHT See attached Exhibit B 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 e·tc. 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 not les~ than 1 11 = 200 1 of the area ,. sought for vacation. (NOTE) Map must correspond with legal description. I ' • ABUT'l'IHG PROPERTY OlvNERS SIGNA'l'URES AND .Z\.DDHESSES Signature Block Attached Signature Block Attached $150.00 Fee Paid Appraisal Fee Paid Land Value Paid · Deed Accepted Trade Accepted 5224·33A )J' TAX LOT f LOT, BLOCK & PLAT/SEC. TWN. RG 362304 -9026 (KNCP Phase IV & V) SE 36-23-04E . 362304 -9004 .(KNCP Phase III) SE 36-23-04E Treasurer's Rec~ipt No. Treasurer's Receipt No. Treasurer's Receipt No. Date Date·--------------~------------------ ......... ~ ....... • Abutting Property Owners Signatures and Addresse{jj} /g@ [J 0 w. m /n) AFR 1 f?E9 L0 Pacific Northwest Group A 18801 80th Place South Kent, Washington 98032-1068 PACIFIC NORTHWEST GROUP A, a California joint venture By:~-f:J~d William G. Williams ill, Vice President, Lend Lease Real Estate Investments, Inc., as Advisor to the California State Teachers' ByRZ::~ Glen R. Scott, Authorized Representative, RREEF America L.L.C., as Investment Manager of the State of California Public Employees' Retirement System, an agency of the State of California, Venturer J: \c02082\m 14071 \0480 I CITY OF CITY CL:N~r Pacific Northwest Group A 18202 80th A venue South Kent, Washington 98032-2512 I~HIIIIII"""' ...... . . ....,_ ...... \,.o' -c :)=~.~~ .. :... ~ : :~~.6..; ~---------~ ____ ~. ___ s_t_.s __ : ____________________________________________________________ _____ ... ~X. I(;"·.~· 80TH l t J +f I}J (ry ?I I <:""' '! t\1 I ,J ><: .... , I I r.: . .;. PLACE so. fX. :;;· W ::x. 2t:• s:s ~ --.~ ---- . . -----! --:t' _l.-· ·- ----~-----------=-=-;:;-~--~--:-----·------=-.; 't' . ! J .. , .'·~:a:· w szc;o . , @~@ {g U W & {J · · ~:::::ss AFR 1 ~~~!:i ?ROPCSE:J -,.... . --: ; V L. ;; I ' ~ I ;Vo ((!:-7 StTE, LOT 1 t.O:"~<. -., \_,... ~ = ....... ·: ... -- ---_ f'RO~·:SED .:.::::s.s __ 7G LOT 2 .1/ /) IJ.:.: 11 ! / I., ; ,c..'- L/-,_ f'\ vrv i I . /_ -.,./~,.. v A 0/2. tiT (J) ;=...,u · ''' r"l4_,-' Lo-, 2 ~~ ' n n,. .....-. -1 ·JOK I' f-j(, :::>/·~I:.. ,.. ~= f, -.1 \_,-. ,. ,.-·c-· = ::. ~ nv -,. :; --' -' .... --·' . N~-r-" ....... ~. .. r: . . ~ I"· I --~ :-.-~ co• ~:" ~ \ -~~-1 , i ; ! CITY OF KENT CITY CLERK ~..., ;....,~ -C\.; ~ ~ :-1-. -------!3G.ocr . \: .. '• I • i ·ii- ~o· S'7 ORM DR~It·i.:;.G~ ,...; :1 -~AS~I.,l~~ri' =::F. ii~:. :I! NO. 75012'2C041 ' . il I II I ol I I ' I ! il I ! •. ,, ! :. ::? L: . : ;'~ ,.. !J . -II : ' -·. ~·.:. ~ -:,· - II c:_ I p;-::t: t. LEGAL DESCRIPTION (South 1 88th Street Right-of-Way To Be Vacated) The North 30.00 feet of the Southeast quarter of the Southeast quarter of Section 36, Township 23 North, Range 4 East, W.M., lying West of 80th Place South, as conveyed to King County by deeds recorded under Recording Nos. 3542123 and 3542124; AND That portion of the Southeast quarter of Section 36, Township 23 North, Range 4 East, W.M., more particularly described as follows: COMMENCING at the Northwest corner of the Southeast quarter of the Southeast quarter of SC!id Section 36; THENCE South 01 o 47' 28" West, 30 feet to the TRUE POINT OF BEGINNING. -Said point being further describ~d as lying North 01• 47' 28" East 1283.53 feet from the. Southwest corner of the Southeast quarter of the Southeast quarter of said Section 36; · THENCE South as• 1 7' 48" East, 120 feet; THENCE South 74 • 1 0' 17" West, 99.72 feet to a point of nontangent curvature to the left; THENCE along said curve to the left, having a radius of 25 feet, the center of which bears South 01 o 42' 1 2" West, an arc distance of 39.23 feet, through a central angle of 39° 54' 44 "; THENCE North 01• 47' 2!8" East, 5'5 feet to the TRUE POINT OF BEGINNING, as conveyed to the City of Kent for street purposes under deed recorded under Recording No. 7501220005. . Project: Kent North Corporate Park November 21. 1997 DJS/sm/bd 6177L.001 iii8<~1HIII'11111'''' ExhibitB [g] & @ & 0 w & @ Statement in Support of Street Vacation Application and PetitiOn APR 1 l'-:c.q L!::lJ S. 188tb Street, between 80tb Place S. and 80tb A venue S. · ..... CITY OF~ Pacific Northwest Group A ("PNGA") hereby renews its petition to vacateS. 188th ~~ CI.Eii( between 80th PlaceS. and 80th AvenueS. in Kent, Washington. PNGA owns two-thirds of the property abutting this street and proposes to construct a multi-tenant industrial building along the south side of the street (the ''Project"). The Project, which would include associated parking, landscaping and other site improvements, is the subject of a Determination ofNon-Significance, #ENV 92-43 (the "Project DNS"). Specifically, conditions 13 and 14 of the Project DNS require PNGA to construct full street improvements to S. 188th Street, or in the alternative to haveS. 188th Street vacated following City ofKent Street Vacation procedures. The cost of the full street improvements to S. 188th Street, when considered with-other conditions of the Project DNS which also require PNGA to construct significant street improvements to 80th PlaceS. and to 80th AvenueS., could make the Project economically infeasible. As a result, PNGA has again elected in the alternative to pursue vacation of this portion of S. 188th Street in an attempt to comply with the conditions of the Project DNS and proceed with the Project. When PN GA originally applied for vacation of this portion of S. 188th Street: a little more than a year ago, ~e Kex:tt Planning Department recommended approval of the petition with five conditions. The five conditions required: (1) paying the City of Kent for the vacated right of way; (2) granting an easement to the City of Kent for utilities; (3) granting the City of Kent the right to in turn grant an easement to the utility companies; ( 4) reconstructing intersections to eliminate access off of and onto the vacated right of way; and ( 5) removing or improving the Springbrook Creek culvert crossing at S. 188th Street. Attached as Exhibit B-1 is a copy of that January 12, 1998 recommendation. PNGA stood ready and willing to meet each ofthese conditions, and stands ready to do so today. In addition, during the comment period, Drainage District No. 1 stated that it wanted its access to the Springbrook Creek to be preserved by means of an easement. PNGA reached an independent agreement with Drainage District No. 1 regarding the requested access easement. At the same time PNGA offered to have, and is still willing to have, this added as a sixth condition. Attached as Exhibit B-2 is correspondence relating to PNGA' s agreement with Drainage District No. 1. It is important to 1.mderstand that the portion ofS. 188th Street which PNGA is petitioning to vacate is a little used, 1.mder-maintained, sub-standard, local access road. It is not listed as an arterial in the City of Kent's traffic plan. At its widest, the road is 20' wide, with two lanes, and at its most narrow, where it crosses the Springbrook Creek culvert, it is 14' wide, with one lane. Moreover, the Springbrook Creek culvert crossing is a major constriction on the flow of the creek and is inadequate to pass the 1 00-year storm event. Attached as Exhibit B-3 is a copy of a photograph of S. 188th Street viewed west to east. 1 j:\c02082\ml4071\03602 ''-~"''''''''''' Importantly, _vacation ofS. 188th Street between 80th PlaceS. and 80th Avenu~~s\fl!:t iff nn significant public benefit. liiJ ~ ~ lS U ~ {g@ + As a condition of the street vacation, the City of Kent could again require that the~«lveJ 1999 crossing be improved or removed, either of which would result in an enviro~ late~ the City of Kent. Crry ClERK • The City of Kent would no longer be responsible for any liability associated with the inadequate culvert crossing. + The City of Kent would no longer be responsible for the maintenance of the little used right of way and culvert crossing. • Development of the Project would result in an increase in the City ofKent's tax base. + Development of the Project would result in an increase in the City ofKent's employment base. Accordingly, with this petition, PNGA renews its request for the vacation of S. 188th Street, between 80th PlaceS. and 80th AvenueS., in Kent, Washington. When PNGA first petitioned for vacation of this street a little more than one year ago the petition was heard by the City Council and ultimately denied without prejudice to it being brought again. PNGA believes it adequately addressed the concerns raised at that time by the· two property owners who responded to the petition. Attached as Exhibit B-4 is a copy of a map and an aerial · photograph showing the geographical relationship between PN GA' s property and that of the two responding property owners. One of the two property owners to respond was Toysmith. Toysmith objected on the basis of traffic congestion and traffic flow. Specifically, Toysmith claimed that losing this right-of-way would make it inconvenient for their drivers to access westbound S. I 80th Street and would impact the commute between Toysmith's two facilities. ButS. 188tb Street is not, and is not intended by the City of Kent to be, an east-west through-fare. Concerns about east-west travel across the Kent Valley have been resolved by the City of Kent after much study and consideration. The City of Kent's chosen solutions do not include the use of S. I 88th Street. Moreover, the property used by Toysmith, which fronts 84th AvenueS. (East Valley Highway), already has access to three current east-west through-fares: S. I 80th Street, S. 192"d Street and S. 212th Street. In addition, the S. I 96th I 200th Street Corridor project will provide Toysmith with yet another east-west through-fare to relieve the traffic across the valley floor complained of by Toysmith. Attached as Exhibit B-5 is a copy of a map showing the location ofToysmith in relation to these access routes and to S. I 88th Street. Attached as Exhibit B-6 are copies of photos showing Toysmith's actual building which fronts East Valley Highway at the intersection of East Valley Highway and 80th PlaceS. Furthermore, Toysmith does not hav~ legal standing to object as it is not an owner of abutting property and the traffic issues it raises are general to all travelers and not specific to T oysmith, and as such the vacation cannot be deemed to be a substantial impairment to their access. See, Exhibit B-4; and see, See, Banchero v. City of Council for the City of Seattle, 2 Wn. App. 519, 522 and 525, 468 P.2d 724 (1970). 2 j:\c02082\m14071\03602 The second property owner to respond was Group Nine Limited Partnership by and through its general partner Howard Montoure. Group Nine owns approximately one-third of the property abutting this portion ofS. I 88th Street. See, Exhibit B-4. Group Nine did not object to the street vacation. Group N'me's response simply stated that they did not want to inc:f!-:.~ts as a result of a decision to vacate the street and they wanted access to their prope {i}r et!g'eiie8Y n nn vehicles. PNGA made Mr. Montoure an offer which fully addressed these co s. Attlaaied alJ /1@ Exhibit B-7 is a copy of Mr. Montoure's January 20, 1998letter to the Kent City C~l, anP a . Q copy ofPNGA's offer dated March 10 1998. Mr. Montoure rejected this offer cl~· · he Was~'..., in contract to sell Group Nine's property which abuts S. 188th Street and that the pr tOll KEN; property owner did not agree to the terms of the offer extended by PNGA. Notably, . CLERk Montoure's sale never closed. While PNGA is not willing to buy all of Group Nine's property, or to ensure that Group Nine get any variances to the setbacks applicable to Group Nine's property, which have both been suggested by Group Nine, PNGA is willing to renew its earlier offer to Mr. Mop.toure. As evidenced by Exhibit B-7, the offer includes PNGA paying to improve or remove the culvert crossing, purchasing from the City for PNGA the frontage abutting Group Nine's property at the statutory rate of one-half of the appraised value, and granting Group Nine an easement for emergency vehicle access. In conclusion, PNGA, as the owner of at least two-thirds of the property fronting S. I 88th Street between 801il PlaceS. and 80th AvenueS., should be entitled to have this street vacated and to proceed with its project. + PNGA's petition complies with RCW 35.79 et. seq. + The public will be well benefited by the vacation of this street which is not, and is not intended to be, an east-west arterial in the City of Kent + PNGA's original petition was recommended for approval by the Kent Planning Department subject to five conditions which PNGA was and is ready to meet, including a condition that would require removal or improvement of the culvert which would result in an environmental benefit to the City of Kent. • PNGA is ready to meet a sixth condition should it be added which would require the grant of an easement in favor of Drainage District No. 1; in the alternative, PNGA is willing to enter into an independent easement agreement with Drainage District No. 1 for this purpose. + The concerns of record previously raised by the only two property owners to respond were fully addressed by PNGA: 0 PNGA has extended a reasonable offer which fully addresses the issues of cost and emergency vehicle access raised by Group Nine; 0 The traffic issues raised by Toysmith are mitigated by existing and proposed access routes; and 0 Toysmith does not have legal standing to otherwise object to the vacation of this street as it is not an owner of abutting property and the traffic issues it raises are general to all travelers and not specific to Toysmith. For these reasons, PNGA 's petition to vacate this portion of S. 188th Street should be granted. 3 j :\c02082\m 14071 \03602