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Home My WebLink About5824 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 1111 1111111111111 20040708000115 PACIFIC NU TIT ORC ze,00 PAGE001 OF 007 07/08/Z004 09:33 KING COUNTY, UA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Vacation (Ordinance 5824) Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document ~ ( ). ç PrvtL)T W'ß81y'~\1- Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of =:J =:J Grantee/Assignee/Beneficiary: (Last name first) 1. Olympic Court Apartments Legal Description (abbreviated: i.e. lot, block, plat or section, township, rango) That portion of SW Y. of Section 7, Township 21 North, Range 5 East ¡¡¡:¡ Additional legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number 3339900387, 3339900388, 3339900456, 3339900450, 3339900445, 3339900435 o Assessor Tax # not yet assigned 1'- ORDINANCE NO.5 8 2 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF RIGHT-OF-WAY LOCATED SOUTH OF 812 10TH STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and rights-of-way located south of 4th Street SE and east of K Street SE, that said stretch of City right-of-way acquired by the City through a Quit Claim Deed in 1967 is no longer needed to meet the neøds of the City and that a public hearing should be set to determine if said ri~lht-of-way should be vacated; and, WHEREAS, a petition for vacation of said right-of-way was circ:ulated to Puget Sound Energy, AT&T Cable, and QWest and comments were received; and WHEREAS, Resolution No. 3678 calling for a public hearing was approved February 2, 2004; 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 March 1, 2004; and ---------------------------- Ordinance No. 5824 March 24, 2004 Page 1 ..... .--.- _on_. -~IT----- - WHEREAS, the property owner of the property adjacent to the ri!ht-of-way proposed for vacation has agreed to meet certain conditions; and WHEREAS, it is in the best interests of the City to vacate said ri!ht-of-way under those conditions, 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 located south of 812 10th Street NE and west of I Street NE, located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, WM. IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, SAID PORTION DEEDED TO THE CITY OF AUBURN FOR STREET PURPOSES IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 6186869 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 25 FEET OF LOTS 24, 25, 26, 27 AND 28 IN BLOCK 14 OF C. D. HILLMAN'S AUBURN DALE DIVISION NO.2 AS RECORDED IN VOLUME 13 OF PLATS AT PAGE 92, RECORDS OF KING COUNTY, WASHINGTON. CONTAINING 5000 SQUARE FEET, MORE OR LESS. ---------------------------- Ordinance No. 5824 March 24, 2004 Page 2 ---_._._---~.__..._-_._------_..._--~-_._-_._-- II _._--~ and as shown on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference, 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, conditioned upon the following: A. Reservation in favor of the City of a utility easement over, under and on the vacated right-of-way, including a reservation in favor of the City of the right to grant easements for utilities over, under and on the vacated right-of-way. B. Reservation in favor of the City of a public utility easement for the City's sanitary sewer utility, providing and allowing ingress and egress through the property of 812 10th Street NE, Auburn, Washington, for access to and maintenance of the City's sanitary sewer utility manhole and lines for malintenance thereof. C. Reservation in favor of Puget Sound Energy (PSE) of a private utility easement allowing ingress and egress through the property of 812 10th Street NE, Auburn, Washington, for access to and maintenance of PSE's overhead and underground utility lines and facilities. D, Agreement by the adjacent property owner to keep the area of vacated right-of-way clean and free of litter and debris, so that residents of the adjacent property could use it for playground or similar uses. ---------------------------- Ordinance No, 5824 March 24, 2004 Page 3 --- -._------- --.. -1', -_.. E. The owner(s) of the adjacent property agree to the above conditions, by letter agreement a copy of which shall be appended to and filed with this Ordinance, Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to cany out the directives of this location. Section 4. 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 5. Recordation. The City Clerk is directed to reGord this ordinance with the office of the King County Auditor only after receipt and --------------------------- Ordinance No, 5824 March 24, 2004 Page 4 ---_._-~_._".~-,_._.__.._.._._.._---- -----I appendment hereto of the letter agreement mentioned in Subsection 1, E. of this Ordinance, ATTEST: ,~ 6Jt2¿~ Damelle E. Daskam, City Clerk Daniel B. Heid, City Attorney PUBLISHED: 1-;}'3 oc..( ---------------------------- Ordinance No, 5824 March 24, 2004 Page 5 APR 1 9 2004 INTRODUCED: PASSED: APR 1 9 2004 APP~ :;; I: PETER B. LEWIS MAYOR LOCATED IN THE SOUTHWEST QUARTER OF SEC 7. TWP 21 N. R 5 E. W,M, )+= 10TH STREET NE ' _ __ _ - - - - -N-89'24'OO""E- - - - -- I I I I I I I I I I I \ ' lxl I I I'v I I I I I ~ N\ 1 \~ I I I I I I~ Þ--' 22 I 23 I 27 I 28 29 I 30 I 31 I I I 1~9~~'!>'ò'ò 1 I , ~ ~rCl8~~~ r ~~EtA ~ 6h~~ RJ ~I~ 1\.0'\ ¡\ I I .1 \.°1..1-1- gr '\å9'i§J".J I . '\;t>""990 I ,!>,!>"f" ~ 200 ~ ~ z 200 I Il:i¡ 98 ~1 :¡~ 'fß ::¡ I I 8 1 37 36 39 I I I / I I / I I I I ../ 8TH STREET NE --"------ ----- EXHIBIT A I., !}¡ 1! I I b ~~f "'ßI I I 41140 / I I I I N '-·100' I.., 1/ I I 35 I 34 33 I I I I I ~-_._- I I I I 32 í """ BEARINGS ARE FROM PLAT OF AUBURNDALE ADDmON DMSION 2 ACCORDING TO THE PLAT RECORDED IN VOLUME 13 OF PLATS AT PAGE 92. RECORDS OF KING COUNTY. WASHINGTON. DRAWING PREPARED JANUARY 13. 2004 BY CITY OF AUBURN PUBUC WORKS. 25 WEST MAIN AUBURN. WASHINGTON 98001-4998 (253) 931-3010 EXHIBIT A ORDINANCE NO. 5824 PAGE 1 OF 1 -,- -