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Record No: CB 119413    Version: 1 Council Bill No: CB 119413
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 12/10/2018
Ordinance No: Ord 125734
Title: AN ORDINANCE vacating portions of 11th Avenue Southwest, 13th Avenue Southwest, Southwest Hanford Street, and Southwest Florida Street, on the petition of the Port of Seattle (Clerk File 301929) and accepting Seattle City Light easements.
Sponsors: Mike O'Brien
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A - Port T-18 Vacation Area Map, 3. Presentation, 4. Signed Ordinance 125734, 5. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

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AN ORDINANCE vacating portions of 11th Avenue Southwest, 13th Avenue Southwest, Southwest Hanford Street, and Southwest Florida Street, on the petition of the Port of Seattle (Clerk File 301929) and accepting Seattle City Light easements.

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WHEREAS, in 1997, the Port of Seattle filed a petition under Clerk File 301929 to vacate portions of 11th Avenue Southwest, 13th Avenue Southwest, Southwest Hanford Street, Southwest Florida Street, and Southwest Lander Street, approximately 29 acres of right-of-way located at Terminal 18 on Harbor Island, on the petition of the Port of Seattle; and

WHEREAS, following an April 4, 1998, public hearing on the petition, the Seattle City Council (“City Council”) conditionally granted the petition on May 4, 1998; and the Port of Seattle withdrew the portion of Southwest Lander Street from the petition on October 4, 2017; and

WHEREAS, the Port of Seattle has provided public shoreline access as required by the vacation conditions and accepted by Ordinance 121123; and

WHEREAS, the Port of Seattle has completed utility easement agreements with Seattle Public Utilities as required by the vacation conditions and as accepted by Ordinance 125508; and

WHEREAS, the Port of Seattle and The City of Seattle negotiated various agreements related to potential Port of Seattle development activity and vacation requests, and the Port of Seattle has complied with these agreements; and 

WHEREAS, the Port of Seattle has met all the conditions imposed by the City Council in connection with the vacation petition and completed and executed all required agreements; and

WHEREAS, vacating portions of 11th Avenue Southwest, 13th Avenue Southwest, Southwest Hanford Street, and Southwest Florida Street, on the petition of the Port of Seattle, is in the public interest; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Portions of 11th Avenue Southwest, 13th Avenue Southwest, Southwest Hanford Street, and Southwest Florida Street, on the petition of the Port of Seattle, described below are vacated:

THOSE PORTIONS OF 11TH AVENUE SOUTHWEST (FORMERLY KNOWN AS KITSAP AVENUE), 13TH AVENUE SOUTHWEST (FORMERLY KNOWN AS WISCONSIN STREET), SOUTHWEST HANFORD STREET (FORMERLY KNOWN AS CHELAN AVENUE) AND SOUTHWEST FLORIDA STREET (FORMERLY KNOWN AS RAILROAD AVENUE) IN VOLUME 2 OF THE PLAT OF SEATTLE TIDELANDS, ACCORDING TO THE OFFICIAL MAPS ON FILE IN THE OFFICE OF THE COMMISSIONER OF PUBLIC LANDS, OLYMPIA, WASHINGTON. SITUATED IN PORTIONS OF THE NORTHWEST QUARTER OF SECTION 18, THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF SECTION 7, ALL IN TOWNSHIP 24 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON. MORE PARTICULARLY DESCRIBED AS FOLLOWS:

13TH AVENUE SOUTHWEST BETWEEN THE FOLLOWING DESCRIBED LINES:

THE SOUTHERLY LIMITS BEING FROM THE INTERSECTION OF THE WESTERLY MARGIN OF 13TH AVENUE SOUTHWEST AND THE NORTHEAST CORNER OF A PARCEL AS DESCRIBED IN DEED FOR STREET AS RECORDED UNDER RECORDING NUMBER 20030501002403, RECORDS OF SAID COUNTY, THE NORTH LINE OF SAID PARCEL PROJECTED EASTERLY TO THE EASTERLY RIGHT-OF-WAY MARGIN OF SAID 13TH AVENUE SOUTHWEST.

THE NORTHERLY LIMITS BEING THE EASTERLY PROJECTION OF THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SOUTHWEST LANDER STREET TO THE EASTERLY RIGHT-OF-WAY MARGIN OF 13TH AVENUE SOUTHWEST.

EXCEPT THE STREET INTERSECTION WITH SOUTHWEST HANFORD STREET.

SOUTHWEST HANFORD STREET

SOUTHWEST HANFORD STREET FROM THE EASTERLY RIGHT-OF-WAY MARGIN OF 16TH AVENUE SOUTHWEST (FORMERLY KNOWN AS KLICKITAT AVENUE) TO THE WESTERLY RIGHT-OF-WAY MARGIN OF 11TH AVENUE SOUTHWEST.

TOGETHER WITH THE WESTERLY 210 FEET OF SAID SOUTHWEST HANFORD STREET MEASURED NORTHEASTERLY ALONG THE CENTERLINE OF SAID STREET FROM THE EASTERLY RIGHT-OF-WAY MARGIN OF SAID 11TH AVENUE SOUTHWEST EXTENDED, TO A LINE AT RIGHT ANGLES TO THE CENTERLINE OF SAID SOUTHWEST HANFORD STREET.

11TH AVENUE SOUTHWEST BOUNDED BY THE FOLLOWING:

THE SOUTHERLY LIMITS BEING THE PROJECTION OF THE SOUTH LINE OF LOT 32, BLOCK 400, SAID PLAT OF SEATTLE TIDELANDS, TO THE EASTERLY RIGHT-OF-WAY MARGIN OF 11TH AVENUE SOUTHWEST. THE NORTHERLY AND EASTERLY LIMITS BEING BOUNDED BY CITY OF SEATTLE VACATION ORDINANCE NUMBERS 114944,109970, AND 100158. INCLUDING THE STREET INTERSECTION WITH SOUTHWEST HANFORD STREET.

EXCEPT THE FOLLOWING PORTION OF 11TH AVENUE SOUTHWEST:

COMMENCING AT THE NORTHEAST CORNER OF BLOCK 398, SEATTLE TIDE LANDS, THENCE SOUTH 01°08'16" WEST ALONG THE EAST MARGIN OF SAID BLOCK 398, A DISTANCE OF 205.45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°08'16" WEST ALONG SAID MARGIN, A DISTANCE OF 1422.93 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 398; THENCE CONTINUING SOUTH 01°08'16" WEST, A DISTANCE OF 100 FEET TO THE NORTHEAST CORNER OF BLOCK 399, OF SAID PLAT OF SEATTLE TIDE LANDS; THENCE SOUTH 88°51'15" EAST, A DISTANCE OF 56.00 FEET; THENCE NORTH 01°08'16" EAST PARALLEL TO THE EAST MARGIN OF SAID BLOCK 398, A DISTANCE OF 1334.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 438.00 FEET AND WHOSE CENTER BEARS SOUTH 87°22'42" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 198.75 FEET, THROUGH A CENTRAL ANGLE OF 25°59'57" TO THE POINT OF BEGINNING.

SOUTHWEST FLORIDA STREET BETWEEN THE FOLLOWING DESCRIBED LINES:

THE WESTERLY LIMITS BEING A LINE DRAWN FROM THE NORTHEAST CORNER OF A PARCEL AS DESCRIBED IN DEED FOR STREET AS RECORDED UNDER RECORDING NUMBER 20030501002404, RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SOUTHWEST FLORIDA STREET, TO THE SOUTHEAST CORNER OF LOT 14, BLOCK A, FRINKS WATERFRONT ADDITION AS RECORDED IN VOLME 12 OF PLATS, PAGE 89, RECORDS OF SAID COUNTY.

THE EASTERLY LIMITS BEING A LINE DRAWN FROM THE NORTHEAST CORNER OF BLOCK 398, SEATTLE TIDELANDS, TO THE SOUTHEAST CORNER OF LOT 17, BLOCK A, FRINKS WATERFRONT ADDITION AS RECORDED IN VOLUME 12 OF PLATS, PAGE 89, RECORDS OF SAID COUNTY.

Section 2. The public shoreline access accepted in Ordinance 121123 identifies the Port of Seattle’s ongoing responsibilities to provide public shoreline access on Terminal 18 at Harbor Island.

Section 3. Ordinance 125508 outlines the ongoing agreements between Seattle Public Utilities and the Port of Seattle.

Section 4. The City of Seattle accepts the Underground and Surface Rights Easement, King County Recording No. 20060525000696; the Aerial Overhang Only Easement, King County Recording No. 20060525000697; and the Overhead and Underground Easement, King County Recording No. 20060525000698, for Seattle City Light Access at Terminal 18 at Harbor Island.

Section 5. 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 _________________________, 2018, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2018.

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President ____________ of the City Council

Approved by me this ________ day of _________________________, 2018.

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Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2018.

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Monica Martinez Simmons, City Clerk

(Seal)