HomeMy WebLinkAbout5423 Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
I Document Title(s) (or transactions contained therein):'7='/~J~(.,U T
1. Ordinance No. 5423 (V-05-99) ~/I
Reference Number(e) of Documents assigned or released:
~:~ [--IAdditi
~-~ onal reference #'s on page of document
Grantor(e) (Last name first, then first name and initials)
,- [1. City of Auburn
Grantee: (Last name first)
1. Safeway Store
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SW Section 18 Township 21 North, Range 5 East
[] Additional legal is on page 6 of the document,
Assessor's Property Tax Parcel/Account Number:
733140-0237, 001900-0015, 001900-0010, 001900-0005
[] Assessor Tax · not yet assigned
ORDINANCE NO. 5 4 2 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, APPROVING THE VACATION OF A PORTION OF
"B" STREET SE, FROM 2ND STREET SE TO THE SAFEWAY STORE,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Vacation Petition No. V-05-99 has been filed by the
owner(s) of two-thirds or more of the property abutting the portion of right of
way requested to be vacated; and
WHEREAS, the vacation petition was circulated to Puget Sound Energy,
AT&T Cable and U.S. West Communications and no comments were received;
and
WHEREAS, Resolution No. 3213 calling for a public hearing was
approved May 1,2000; and
WHEREAS, posting requirements of Auburn City Code 12.48.070 have
been met; and
WHEREAS, a public hearing was held before the City Council on June 5,
2000; and
WHEREAS, the applicant has agreed to meet certain conditions; and
WHEREAS, the street property was acquired by the City through a plat
dedication, compensation as authorized by Auburn City Code 12.48.080 is
waived;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Vacation. That the right of way located at "B" Street SE,
from 2nd Street SE to the Safeway Store, as legally described on attached
Exhibit "A", which is by this reference incorporated herein, 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. Conditions of Vacation. Applicant Safeway has agreed to
meet the following conditions:
.~'~ A. Make payment in the amount of $945 to the City for the
~_-~ depreciated value of the sewer line located in the street;
-- B. Make payment in the amount of $816.20 to the City for the
.- depreciated value of the water line in the street;
~-~ C. Assume ownership of the sewer line as a private line and install a
grease interceptor at Safeway's expense;
D. Assume ownership of the water line, abandon it, and cut and cap
the line at the "T" in 2nd Street at Safeway's expense;
E. Make application and meet any conditions necessary to obtain lot
line adjustments to incorporate the parcels on the west side of "B" Street SE
into the development; and
F. Obtain a construction permit for the removal and restoration of
street pavements, capping of unused utilities, and restoration of curb, gutter
and sidewalks on 2nd Street SE at Safeway's expense.
Section 3. Constitutionality Or Invalidity: If any section, subsection,
clause, phrase, or sentence, of this Ordinance, is for any reason held to be
invalid or unconstitutional, such invalidity or unconstitutionality of the remaining
portions of this ordinance, as it is being hereby expressly declared that this
ordinance and each section, subsection, clause, phrase, or sentence, hereof
would have been prepared, proposed, adopted, and approved and ratified
irrespective of the fact that any one or more section, subsection, clause,
~ phrase, or sentence, be declared invalid or unconstitutional.
~:~ Section 4, Effective date. This ordinance shall take effect and be in
.-- force the latter of five days from and after its passage, approval and publication
as provided by law or after payment is received by the city in the amount
c-> $1,761.20 as required in Section 2 above.
Section 5. Recordation. The City Clerk is directed to record this
ordinance with the office of the King County Auditor only after completion by
Safeway of all the conditions set forth in Section 2 of this ordinance.
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
INTRODUCED: AUGUST 7, 2000
PASSED: AUGUST 7, 2000
APPROVED: AUGUST 7, 2000
CHARLES A. BOOTH
MAYOR
.,- ATTEST:
'Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: ~k?-//'~"/~)
EXHIBIT 'A'
STREET VACATZON
8AFBIFAY HTORE BO. 533.
AUBURM~, 'rxll'G COUNT~/, W'AHHZNGTON
THAT PORTTON OF riG# STREET $OUTHF~$T ABL,'J.--.'FlqG BLOCK I AND BLOCK
A~ PLATTED ];lq ABi~AI-IA~'S PARK ADDTT.rOlq TO THE C'rTY OF AUBURlq A~
I~ECORDED .rlq VOLUME 27, PAGE 26, I~COi~S OF l~lqG COUNTY,
WA~HTlqGTON,~-Ly'r~G lqORTH OF THE-lqORTh'EI:U.,y MARGTlq-OF SECOND STREET
$OUTHF, AST AlqD SOUTH OF THE lqORTh.e;KT.,Y L'rNE OF SA'rD PLAT.
SAFEWAY, INC.
JEFFREY J. MCMANUS, P.L. S.
BI~ JOB NO. 98325-02
DECEMBER 6, 1999
Exhibit A
Ordinance No. 5423