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HomeMy WebLinkAbout5511Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Vacation (Ordinance 5511) Reference Number(s) of Documents assigned or released: I']Additional reference #'s on page of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1. Penny Pride Investments LLC Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of 1st St SW [] Additional legal is on page 6 of the document. Assessor's Property Tax Parcel/Account Number: N/A- Public ROW [] Assessor Tax # not yet assigned ORDINANCE NO. 5 5 1 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF RIGHT- OF-WAY ABUTTING A PORTION OF A PORTION OF THE NORTH SIDE OF 1sT STREET SW BETWEEN "C" STREET SW AND "D" STREET, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-01-01 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, Metromedia Fiber Networks, and Q West and no comments were received; and WHEREAS, Resolution No. 3314 calling for a public hearing was approved January 16, 2001; 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 February 20, 2001; 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; Ordinance No. 5511 February 14, 2001 Page ! 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 a portion of a portion of the north side of 1st Street SW between "C" Street SW and "D" Street SW, 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 Auburn Lawn and Garden has agreed to meet the following conditions: 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 in Section 1; and B. The applicant shall remove the existing sidewalk and reconstruct a sidewalk adjacent to the existing curb along the entire portion of the property described in Section 1; and C. The applicant complies with the requirements contained in Auburn City Code 12.48.020 (D). Ordinance No. 5511 February 14, 2001 Page 2. 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, subsections, 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, phase, or sentence, be declared invalid or unconstitutional. Section 4. Recordation. The City Clerk is directed to record this ordinance with the office of the King County Auditor only after completion by Auburn Dairy Products 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 (5) days from and after 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 location. Ordinance No. 5511 February 14, 2001 Page 3 INTRODUCED: February 201 2001 PASSED: February 20, 2001 APPROVED: February 20, 2001 MAYOR ATTEST: Damelle E. Daskam, City Clerk Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5511 February 14, 2001 Page 4 Exhibit "A" VACATED PORTION OF 1ST STREET SOUTR'WEST THAT PORTION OF 1s? STREET SOUTHWEST (TYNDALE AVENUE), IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SURVEY MONUMENT AT THE INTERSECTION OF 1sT STREET SOUTHWEST (TYNDALE AVENUE) AND D STREET SOUTHWEST (BRA_NNA-N STREET); THENCE NORTH 03°00'18'' EAST ALONG THE'MONUMENTED CENTERLINE OF D STREET SOUTHWEST (BRA.NNAN STREET), 80.00 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE NORTHERLY PORTION OF Is? STREET SOUTHWEST (TYNDALE AVENUE) VACATED BY ORDINANCE NO. 196; THENCE SOUTH 86°13'38" EAST ALONG SAID WESTERLY EXTENSION, 30.00 FEET TO THE TRUE POINT. OF BEGINNING; THENCE CONTINUING SOUTH 86~13'38" EAST ALONG THE SOUTH LINE OF THE NORTHERLY PORTION OF 1~? STREET SOUTHWEST (TYNDALE AVENUE) VACATED BY ORDINANCE NO. 196, A DISTANCE OF 174.76 FEET; THENCE SOUTH 03%6'22" WEST, 10.02 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 26%6'07" WEST, 29.00 FEET, AN ARC DISTANCE OF 15.37 FEET TO A POINT 16 FEET NORTH, AS MEASURED PERPENDICULAR TO THE CENTERLINE OF'is= STREET SOUTHWEST (TYNDALE AVENUE); THENCE NORTH 86o13'38" WEST PAP~ALLEL WITH AND 16 FEET NORTH OF THE CENTERLINE OF 1s: STREET SOUTHWEST (TYNDALE AVENUE), 142.27 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 03~46'22" EAST, 21.00 FEET, A.N ARC DISTANCE OF 14:66 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS'NORTH 43°46'22" EAST, ~2.12 FEET, AN ARC DISTANCE OF 10.38 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 2,373.SQUARE FEET. Ordinance No. 5511~ Exhibit "A" Page i Page 2 N,T.S. 30' lgT JAN, 04, 2001 LOT 16 LOT 1 LOT 15 · , ................ r~-~ ~o~ ~ LOT 14 LOT 3 MAP OF MILNER 3, PG. 39 13 LOT 4 LOT 12 LOT 5 LOT 11 LOT 6 ..... CITY R;O.W.' - · LOT 10 LOT 7 LOT 8 z'i~6 ......... LOT g . /ACATED PDRTIDN ' AREA = E,373 SF DF IST ST. SW ~ EXISTING C/L S $6'13'38' E }8323' IST ST. SW (TYNDALE AVE.) m LOT 16  LOT 1 ' LOT 15 LOT 2 STREET EXHIBIT MAp SDUTHWEST CITY R.fl.~,/. TAKE EXISTING R.I1W. C/L I VACATIDN ACAD No. IST ST $W VACTION E A R 100 W. Broadway Ste. 5000 Long Beach, CA 90802-4443 .310 495-44,49 10800 N.£. 8th St 7th Floor Bellevue, WA 98004 206 455-9494 T' E C H 720 S. 333 St. Ste.200 Federal Way. WA 9800~ 206 858-6202 1200 Dup<mt SL, St~- 2-8 8ellinghom, WA 98225 360 734-3202 30' Ordinance No. 5511 Exhibit "A"