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AN ORDINANCE authorizing the vacation of portions of public right-of-ways as dedicated in Plat of State Addition to the City of Seattle No. 5, Vo. 17, Pg 78, and as deeded by Quit Claim Deed Recording Number 5499671, Vol. 4337, Pg 522, all in records of King County, Washington. File V-2485. Petitioners: Highline School District #401 and King County Housing Authority; and repealing Ordinance 14975, Section 1.
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1. A petition has been filed requesting vacation of those portions of right-of-ways as dedicated in Plat of State Addition to the City of Seattle No. 5, Vo. 17, Pg 78 and as deeded by Quit Claim Deed Recording Number 5499671, Vol. 4337, Pg 522, all in records of King County, Washingtion, hereinafter described.
2. The department of transportation notified the various utility companies serving the area and has been advised that easements will be required within some portions of the vacation area.
3. The department of transportation records indicate that the King County has been maintaining most of the road as dedicated in Plat of State Addition to the City of Seattle No. 5, and as deeded by Quit Claim Deed Recording Number 5499671. The records indicate that no public funds have been expended for its acquisition.
4. The department of transportation considers the subject portion of the right-of-ways useless as part of the county road system and believes the public would benefit by the return of this unused area to the King County housing authority and the Highline school district #401.
5. The right-of-ways is classified as "A-Class" and, in accordance with K.C.C. 14.40.020, the compensation due King County is based on one hundred percent of the assessed value of the subject right-of-ways which was determined from records of the department of assessments.
6. The road services division recommends that the compensation be waived. The waiver is justified by the services and benefits, which are provided to King County and its citizens by the Greenbridge development.
Due notice was given in the manner provided by law and a hearing was held by the office of the hearing examiner on the 29th day of June, 2004, and the 1st day of July, 2004.
In consideration of the benefits to be derived from the subject vacation, the council has determined that it is in the best interest of the citizens of King County to grant said petition.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The vacation approved by this ordinance is subject to the following condition precedent:
This vacation order shall not become effective until the petitioners convey back to King County an easement for public use of the road system and for utility maintenance within the roads and rights-of-way of the Greenbridge plat property as currently constructed. Such easement shall be approved as to form by the Prosecuting Attorney's Office and contain a provision conferring upon King County a specifically enforceable right to require upon thirty days' written notice the immediate conveyance to the county of the rights-of-way within the vacation area for 4th and 8th Avenues Southwest as depicted within the approved preliminary plat map for Greenbridge; i.e., at a width of 60 feet for 4th Avenue Southwest between Southwest Roxbury and Southwest 100th Street, and for 8th Avenue Southwest a width of 76 feet from Southwest 100th Street south to the plat boundary.
SECTION 2. Subject to compliance with section 1 of this ordinance, the council, on the date of adoption of this ordinance hereby vacates and abandons all the right-of-ways as dedicated in Plat of State Addition to the City of Seattle No. 5, Vo. 17, Pg 78, and as deeded by Quit Claim Deed Recording Number 5499671, Vol. 4337, Pg 522, all in records of King County, Washington, lying within the area as described in Attachment A to this ordinance.