Seattle City Council Bills and Ordinances
Information modified on May 29, 2012; retrieved on March 28, 2024 3:31 AM
Ordinance 123884
Introduced as Council Bill 117443
Title | |
---|---|
AN ORDINANCE vacating a portion of Southwest Dakota Street between West Marginal Way Southwest and the Southwesterly margin of the Duwamish Waterway, a portion of Southwest Idaho Street between West Marginal Way Southwest and the Southwesterly Margin of the Duwamish Waterway, and a portion of West Marginal Way Southwest between Southwest Dakota Street and Southwest Idaho Street in the Duwamish Industrial Area of Seattle on the petition of the Port of Seattle; accepting a public access easement from the Port of Seattle for public access to the shoreline area at Terminal 105; accepting a public access easement from the Port of Seattle for public access to the shoreline area at Terminal 107; accepting easement agreements from each of the Port of Seattle and JD Anderson, LLC for the construction, operation, and maintenance of stormwater drainage facilities; and accepting an easement and relinquishment of easement agreement from General Recycling of Washington, LLC for the construction, operation, and maintenance of a stormwater drainage facility and sanitary sewer facility, and relinquishment of an easement for sewer line, as reflected in Clerk File 297660. |
Description and Background | |
---|---|
Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 117443 |
Index Terms: | VACATING, EASEMENTS, PORT-OF-SEATTLE, INDUSTRIAL-DISTRICT, MARINE-TERMINALS, DUWAMISH-WATERWAY, SHORELANDS, STORM-SEWERS, DRAINAGE |
Legislative History | |
---|---|
Sponsor: | RASMUSSEN | tr>
Date Introduced: | April 9, 2012 |
Committee Referral: | Transportation |
Committee Action Date: | May 8, 2012 |
Committee Recommendation: | Pass |
Committee Vote: | 2 (Rasmussen, Godden) - 0 |
City Council Action Date: | May 14, 2012 |
City Council Action: | Passed |
City Council Vote: | 8-0 (excused: Godden) |
Date Delivered to Mayor: | May 15, 2012 |
Date Signed by Mayor: (About the signature date) | May 16, 2012 |
Date Filed with Clerk: | May 17, 2012 |
Signed Copy: | PDF scan of Ordinance No. 123884 |
Text | |
---|---|
AN ORDINANCE vacating a portion of Southwest Dakota Street between West Marginal Way Southwest and the Southwesterly margin of the Duwamish Waterway, a portion of Southwest Idaho Street between West Marginal Way Southwest and the Southwesterly Margin of the Duwamish Waterway, and a portion of West Marginal Way Southwest between Southwest Dakota Street and Southwest Idaho Street in the Duwamish Industrial Area of Seattle on the petition of the Port of Seattle; accepting a public access easement from the Port of Seattle for public access to the shoreline area at Terminal 105; accepting a public access easement from the Port of Seattle for public access to the shoreline area at Terminal 107; accepting easement agreements from each of the Port of Seattle and JD Anderson, LLC for the construction, operation, and maintenance of stormwater drainage facilities; and accepting an easement and relinquishment of easement agreement from General Recycling of Washington, LLC for the construction, operation, and maintenance of a stormwater drainage facility and sanitary sewer facility, and relinquishment of an easement for sewer line, as reflected in Clerk File 297660. WHEREAS, the Port of Seattle (the Petitioner) filed a petition to vacate a portion of Southwest Dakota Street between West Marginal Way Southwest and the Duwamish River, a portion of Southwest Idaho Street between West Marginal Way Southwest and the Duwamish River, and a portion of West Marginal Way Southwest between Southwest Dakota Street and Southwest Idaho Street in the Duwamish Industrial Area of Seattle (the Street Property); and WHEREAS, following a public hearing on the petition, held on January 07, 1997, the petition was conditionally granted by the Seattle City Council (City Council); and WHEREAS, the City Council approved the petition pursuant to certain conditions which have been met (See Clerk's File 297660); and WHEREAS, the Petitioner has granted two perpetual nonexclusive easements to the City of Seattle (the City) for public access to facilities and improvements constructed by the Petitioner for Terminal 105 and Terminal 107 in the Duwamish Industrial Area of Seattle to satisfy public benefit conditions of the street vacations imposed by the City Council; and WHEREAS, the Petitioner and its successor in title, JD Anderson, LLC, a Washington limited liability company, have each granted an easement to the City for the construction, operation, and maintenance of stormwater drainage facilities located within the Street Property or adjoining property; and WHEREAS, the Petitioner's successor in title, General Recycling of Washington, LLC, a Delaware limited liability company, has granted an easement and relinquishment of easement agreement to the City for: the construction, operation, and maintenance of a stormwater drainage facility and a sanitary sewer system located within the Street Property; an access easement for pedestrian and vehicular access from West Marginal Way Southwest to the remaining right-of-way segment of Iowa Avenue Southwest; and relinquishes an easement for sewer line granted by Birmingham Steel Corporation, a Delaware corporation and successor in interest of the Petitioner, to the City recorded under King County Recording Number 9706201287; and WHEREAS, pursuant to Section 35.79.030, RCW, Seattle Municipal Code Chapter 15.62, and Ordinance 112483, the Petitioner has paid the City the administrative costs of the vacation petition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. The real property described as: Those portions of the Northwest quarter of the Southwest quarter of Section 18, Township 24 North, Range 04 East, W.M., King County, Washington described as follows: That portion of Southwest Dakota Street lying between the easterly margin of West Marginal Way Southwest as described by City of Seattle Street Name Ordinance 101919 and the Southwesterly margin of the Duwamish Waterway. Together with: That portion of Southwest Idaho Street lying between the Easterly margin of said West Marginal Way Southwest as described by said ordinance and said Southwesterly margin of the Duwamish Waterway. Together with: That portion of said West Marginal Way Southwest as described by said ordinance as follows: Beginning at the Southwest corner of Lot 11, Block 414; Plat of Seattle Tidelands, according to the official maps on file in the Office of the Commissioner of Public Lands, Olympia, Washington. Thence North 23 degrees 02' 30" West along the Easterly margin of said West Marginal Way Southwest as described by said ordinance, a distance of 326.01 feet to a point hereon referred to as Point "A"; Thence continuing North 23 degrees 02' 30" West, along said Easterly margin, a distance of 246.25 feet; Thence South 13 degrees 12' 45" East, a distance of 643.65 feet, to the Westerly production of the Southerly margin of Southwest Idaho Street; Thence North 90 degrees 00' 00" East, along said Westerly production of the Southerly margin of Southwest Idaho Street, a distance of 119.40 feet, to said Easterly margin; Thence North 23 degrees 02' 30" West, along said Easterly margin, a distance of 108.67 feet to the Point of Beginning. Except: That portion of said West Marginal Way Southwest as described by said ordinance as follows: Beginning at the aforesaid Point "A"; Thence North 23 degrees 02' 30" West, along said Easterly margin, a distance of 246.25 feet; Thence South 13 degrees 12' 45" East, a distance of 232.77 feet to the Westerly production of the North line of Lot 7, Block 414, of said plat; Thence North 90 degrees 00 '00" East, along said Westerly production of the North line of said Lot 7, a distance of 43.18 feet to said Point "A" and the Point of Beginning. Containing 203,768.32 square feet or 4.68 acres, more or less. is hereby vacated; RESERVING to the City of Seattle the right to make all necessary slopes for cuts or fills upon the above described property after said vacation; and further, RESERVING to the City of Seattle the right to reconstruct, maintain, and operate any existing overhead or underground utilities in said rights-of-way until the beneficiaries of said vacation arrange with the owner or owners thereof for their removal. Section 2. The Terminal 105 Public Shoreline Access, Public Access Easement, King County Recording Number 20080117001087, dated December 17, 2007 and recorded January 17, 2008 attached hereto as Attachment A, is hereby accepted. Section 3. The Terminal 107 Public Shoreline Access, Public Access Easement, King County Recording Number 20080117001086, dated December 17, 2007 and recorded January 17, 2008 attached hereto as Attachment B, is hereby accepted. Section 4. The Easement Agreement, King County Recording Number 20110922001010, dated September 22, 2011 and attached hereto as Attachment C, is hereby accepted. Section 5. The Easement Agreement, King County Recording Number 20110922001011, dated September 22, 2011 and attached hereto as Attachment D, is hereby accepted. Section 6. The Easement and Relinquishment of Easement Agreement, King County Recording Number 20110525001172, dated May 25, 2011 and attached hereto as Attachment E, is hereby accepted. Section 7. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2012. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2012. _________________________________ Michael McGinn, Mayor Filed by me this ____ day of __________________________, 2012. ____________________________________ Monica Martinez Simmons, City Clerk (Seal) Beverly Barnett SDOT Port of Seattle Terminal 105 Street Vacation ORD March 12, 2012 Version #3 Attachment A: Terminal 105 Public Shoreline Access, Public Access Easement Attachment B: Terminal 107 Public Shoreline Access, Public Access Easement Attachment C: Easement Agreement granted by the Port of Seattle Attachment D: Easement Agreement granted by JD Anderson, LLC Attachment E: Easement and Relinquishment of Easement Agreement |
Attachments |
---|