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Home My WebLink About5471Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 KLUUKDER'S COVER SHEET Document Title(s) (or transactions contained therein): cahS ORDINANCE 5471 —V-03-99 WVJT- W-- 836-3_/z Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) Va11 ey Pon "-0-C Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SW 6-21-5 ® Additional legal is on page 7&8 of document. Property Tax Parcel/Account Number N/A Assessor Tax # not Sold document(s) were filW for woord by PscMo Norttlwest TiN tars acoomw4d4on oriy. M Ms not boon lo M �� uponprOpNpro w execu On *r ORDINANCE NO.5 4 7 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF RIGHT- OF-WAY ABUTTING AUBURN WAY NORTH AND 30TH STREET NE, WITHIN THE CITY OF AUBURN. WASHINGTON. WHEREAS, Petition No. V-03-99 has been filed by the owners 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 WHEREAS, Puget Sound Energy requested an easement for electricity and natural gas lines; and WHEREAS, the City determined the need for public and private utility 0 easements across the entire vacated area; and WHEREAS, Resolution No. 3257 calling for a public hearing was N approved September 5, 2000; and WHEREAS, posting requirements of Auburn City Code 12.48.070 have been met; and Ordinance No. 5471 November 27, 2000 Page 1 WHEREAS, the public hearing was held on October 16, 2000; before the City Council; and WHEREAS, the City Council finds that returning the unused right of way fragment to private ownership for the proposed use meets the requirements and is in the best interest of the City, as described in Auburn City Code 12.48.080 and RCW 35.79.030; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That a portion of right-of-way abutting Auburn Way North and 301' Street NE, as legally described on attached Exhibit "A" CIN which is by this reference incorporated herein, is hereby vacated, and the Cn property lying in said portion of that 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. b v7 `" Section 2. Conditions of Vacation. The City retains the easements as follows: Ordinance No. 5471 11127/00 Page 2 A. The City shall retain a utility easement for the construction, repair and maintenance of all public and private utilities over, across, upon and underneath that portion of the property described above in Section 1; B. The City retains an easement for the construction, and repair and maintenance of existing and any future facilities required to manage the traffic signals at the intersection of Auburn Way North and 30" Street NE; C. No permanent structure shall be constructed upon the above described vacated right-of-way; and D. The applicant complies with the requirements contained in Auburn City Code 12.48.020 (D). �. Section 3. Constitutionality or Invalidity. If any section, subsection, c_> clause, phrase, or sentence, of this Ordinance, is for any reason held to be C invalid or unconstitutional, such invalidity or unconstitutionality shall not affect r. the remaining portions of this ordinance, as it is hereby expressly declared that 0 =u this ordinance and each sections, subsections, clauses, phrases, or sentences, 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. Ordinance No. 5471 11/27/00 Page 3 Section 4. Recordation. The City Clerk is directed to record this ordinance with the office of the King County Auditor only after completion by Valley Pontiac -Buick -GMC, Inc. of all the conditions set forth in Section 2 of this ordinance. Section 5. Effective Date. This ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. 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: DECEMBER 4. 2000 PASSED: DECEMBER 4. 2000 APPROVED: DECEMBER 4 2000 CHARLES A. BOOTH MAYOR Ordinance No. 5471 11/27/00 Page 4 ATTEST: 4Daelle E. Daskam, City Clerk APPROVED AS TO FORM: 0 Michael J. Reynolds, City Attorney � �w I"IF/a 0 Ordinance No. 5471 11/27/00 Page 5 EXHIBIT "A" LEGAL DESCRIPTION — STREET VACATION That portion of the H. Jones Donation Land Claim Number 39 situated in the SW 1/4 of Section 6, T 21 N, R 5 E, W.M., in King County, Washington being described as follows: Commencing at the northwest corner of the W. Brannan Donation Land Claim Number 37, thence N 00010'30" E a distance of 30.00 feet, to the north margin of 30th St. NE; Thence N 89049'30" W, along said margin, a distance of 58.33 feet, to the southwest corner of Lot 1 of City of Auburn Short Plat Number SPL 0007-98 as recorded under recording number 9811200306 and the True Point of Beginning; Thence continuing N 89049'30" W a distance of 6.08 feet; Thence along the arc of a curve to the right with a radius of 35.00 feet, a central angle of 77027'35" and an arc length of 47.32 feet; Thence along the arc of a compound curve to the right with a radius of 1537.17 feet, a central of 4°12'09", an arc length of 112.75 feet and a chord which bears N 10015'51" W 112.72 feet; Thence N 6056'07" W a distance of 60.21 feet, to a point of intersection with the westerly extension of the north line of said Lot 1; Thence S 89049'30" E, along said extension, a distance of 5.47 feet, to the northwest corner of said Lot 1; Thence southerly along the arc of a curve to the left with a radius of 538.00 feet, a central angle of 6030'53", an arc length of 61.17 feet and a chord which bears S 10055'20" E 61.14 feet; Thence N 89049'46" W a distance 5.16 feet; Thence southerly along the are of a curve to the left with a radius of 543.00 feet, a central angle of 15045'59", an arc length 0 of 149.42 feet, and a chord which bears S 21055'40" E 148.95 feet, to the southwest corner of said Lot 1 and the True Point of Beginning. Containing 2,565.2 sq. ft., more or less. Ordinance No. 5471 Exhibit " A" Page 1 LV CCi f� czl CD ca v Ordinance No. 5471 Exhibit "A" Page 2 • _ NV N 89'49'30" W 197.31' LA = 06.30'53" 1R 538.00' 5 TFL.., EASEMENT REC.NO. '76077.40994 N 6'49'46° W 5. 6' 1 • L— X8.62' iLon", SCALE 1' �� sl . nnrnv L` L: itCf•/1:57 (\B I LOT 4.�11• I \5 P'� •' - .OI dl i 175.00' SN NEI: ;sn" w 120.3.V