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ORDII~IAN~E NO. 4 3 ~
90/02,"06 ~0398
RECD F
RECFEE 2.00
6 Cf~SHSL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE VACATION OF A STREET RIGHT OF WAY
KNOWN AS 44TH STREET N.E., TOGETHER WITH AUBURN WAY NORTH,
WITHIN THE CITY OF AUBURN, WASHINGTON, AND RETAINING A UTILITY
EASEMENT FOR THE CITY.
WHEREAS, a petition has been filed by the owner~ of two-
thirds or more of the property abutting the portion of right
of way requested to be vacated; and
WHEREAS, the statute requires that the City Council
schedule a public hearing when a valid petition is filed with
the City; and
WHEREAS, the public hearing was held on December 18, 1989
before the City Council;
NOW, THEREFORE, CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The street right of way to be vacated is
located on that portion of land known as 44th Street N.E.,
together with Auburn Way North, legally described as follows:
THE SOUTH 30.00 FEET OF THE W.A. COX DONATION
LAND CLAIM NUMBER 38 IN SECTION 31, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M. LYING BETWEEN THE
EAST BOUNDARY OF SAID DONATION LAND CLAIM AND
THE EAST MARGIN OF AUBURN WAY NORTH SAID SOUTH
30.00 FEET HAVING BEEN CONVEYED TO THE CITY OF
AUBURN BY QUIT CLAIM DEED RECORDED UNDER KING
COUNTY AUDITOR'S FILE NUMBER 7107090468 LESS
THAT PORTION OF SAID SOUTH 30.00 FEET VACATED
Ordinance No. 4396
Page 1
December 26, 1989
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UNDER CITY OF AUBURN
RECORDED UNDER KING
NUMBER 8905040698.
ORDINANCE NUMBER 4343,
COUNTY AUDITOR'S FILE
TOGETHER WITH:
BEGINNING AT THE SOUTHEAST CORNER OF THE W.A.
COX DONATION LAND CLAIM NUMBER 38 IN SECTION
31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M.;
THENCE N 01-47-15 E ALONG THE EAST BOUNDARY OF
SAID DONATION LAND CLAIM, 297.88 FEET; THENCE N
89-17-01 W ALONG A LINE PARALLEL TO THE SOUTH
BOUNDARY OF SAID DONATION LAND CLAIM, 779.5
FEET MORE OR LESS TO THE NORTHEASTERLY MARGIN
OF AUBURN WAY NORTH, A.K.A. STATE ROAD NUMBER
5, A.K.A. COUNTY ROAD, AND THE TRUE POINT OF
BEGINNING; THENCE CONTINUING N 89-17-01 W TO A
POINT ON A CURVE TO WHICH THE CENTER OF THE ARC
OF SAID CURVE BEARS S 65-23-52 W, 1236.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE WHICH IS
PARALLEL TO AND 36.00 FEET EASTERLY AND
NORTHEASTERLY OF THE MONUMENTED CENTERLINE OF
AUBURN WAY NORTH AS CONSTRUCTED UNDER CITY OF
AUBURN STREET IMPROVEMENT NUMBER 200, A
DISTANCE OF 363.89 FEET TO THE EASTERLY MARGIN
OF AUBURN WAY NORTH; THENCE NORTHERLY AND
NORTHWESTERLY ALONG SAID MARGIN TO THE TRUE
POINT OF BEGINNING.
be and the same is hereby vacated, and the property lying in
said portion of a certain street right of way described
hereinabove, shall be returned and belong to those persons
entitled to receive the property in accordance with the law.
Section 2. The City hereby retains an easement for the
construction, repair and maintenance of utilities over,
across, upon and underneath the property described in Section
1 of this Ordinance.
Ordinance No. 4396
Page 2
December 26, 1989
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Section 3. Upon the passage, approval and publication
of this Ordinance, the City Clerk for the City of Auburn shall
cause this Ordinance to be recorded in the office of the King
County Auditor.
Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
Rbbin Wohlhueter, City Clerk
Ordinance No. 4396
Page 3
December 26, 1989
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APPROVED AS TO FORM:
Mag~eritd Sc~ell~ntrager,
City Attorney
PUBLISHED: /°//- ~D
Ordinance No. 4396
Page 4
December 26, 1989