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Home My WebLink About6225 ORDINANCE NO. 6225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF THE ALLEY SOUTH OF 1ST STREET NE BETWEEN NORTH DIVISION ' STREET AND AUBURN AVENUE NE WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right-of-ways located in the vicinity of a portion of the alley south of 1st Street NE befinreen North Division Street and Auburn Avenue NE, that a portion of City right-of-way acquired by the City through Plat Dedications on November 14, 1887 and on March 30, 1889 may no longer be needed to meet the needs of the City and that a public hearing should be set to determine if said right-of- way should be vacated; and, WHEREAS, a request for vacation of said right-of-way was circulated to Puget Sound Energy, Qwest, Comcast, and City Departments and comments were received; and WHEREAS, Resolution No. 4455 calling for a public hearing was approved April 6, 2009; 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 May 4, 2009; and WHEREAS, through this process, the City has determined that it no longer needs a portion of the alley south of 1st Street NE between North Division Street and Ordinance No. 6225 April 20, 2009 1 of 5 Auburn Avenue NE, in the City of Auburn, Washington; and WHEREAS, the property owners of the properties adjacent to the right-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 portion of said alley right-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 the alley located south of 1 st Street NE befinreen North Division Street and Auburn Avenue NE, located within the City of Auburn, Washington, legally described as follows: ALL THAT PORTION OF THE 16-FOOT ALLEY ADJOINING NORTH OF LOT 1 AND THE UNPLATTED PORTION LYING EAST OF LOT 1, BLOCK 0, FIRST ADDITION TO THE TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 84, RECORDS OR KING COUNTY, WASHINGTON, AND ADJOINING SOUTH OF LOTS 8, 9, AND 10, BLOCK 0, L.W. BALLARD'S PARK ADDITION TO SLAUGHTER ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON. 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 the alleyway described hereinabove, shall be returned and belong to those persons entitled to receive the property in accordance with the law, conditioned upon the following; Ordinance No. 6225 April 20, 2009 2of5 A. Reservation in favor of the City a perpetual Nonexclusive Easement under, over, through and across the vacated right-of-way as described above for the purpose of laying, maintaining, and installing future and existing sanitary sewer facilities, 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 as described above. The City shall have the absolute right, at times as may be necessary for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. The City shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the City. The owners of the adjacent property agree and shall not in any way block, restrict or impede access and egress to or from said Easement Area, and /or in any way block, restrict or impede full use of the real property within the Easement Area by the City for the above described purposes. No building, wall, rockery, fence, trees, or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said Easement Area, without the express written consent of the City. With City permission, owners of the adjacent property may fence across said Easement Area and/or along the boundaries of said Easement Area, provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of and access and egress to and from the Easement Area. If said gate is to be locked, keys shall be provided to the City. No excavation shall be Ordinance No. 6225 April 20, 2009 3of5 made within three feet of said facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. B. Under the terms of the reservation set out in Paragraph A above, the City hereby grants a private utility easement to Puget Sound Energy over, under and upon the vacated right-of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of existing gas and electric distribution facilities. The owners of the adjacent property agree not to erect any structures on said easement and further agrees not to place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. C. It is provided, however, that such reserved or granted utility easements as set out in Paragraphs A and B, above, may be modified to accommodate a removal, relocation and siting of the affected utility lines if the City and the property owners on whose property the utility lines are located agree to the removal, relocations and siting being paid by said property owners and with the removal, relocation and siting being done in conformity with applicable standards. Section 2. Constitutionalitv or Invaliditv. 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 provisions to other persons or circumstances shall not be affected. Ordinance No. 6225 April 20, 2009 4 of 5 ~ ~ Exhibit„A„ ~~~~~AL ~~CAT~~~ ~LLEY IN~ TFlE CITY OF AUBURN~~~~ STATE OF W~ASHINGTON g q 1ST STREET N.E. ~ . . 1110 , ~ • r4 ~1 1 AI h I I A t'"4 k.... 11 Y.~ 1",W L. L..~'tR M~ ~ A 1 A. l..t !"t R f ~ 0 ~ ~ ~ r ~ L3 A ~r-1F"t1"'1""M!'1tw~1~ 0 z ~ ~~EET ~ ~..»E -r~,eLE ~ u~~ SEARING D~s~ra~c~ ~ LI WN11 L2 SMe a s~w i 6}95 oo 4tx., ;i.3 hNW04`21! 129,14' E3 ~#1 'A ~ 1,983 1 sO. f r: ~ ~ o v f z 0 4=0 80 160 L ~n SC~LE': y"«~8U" ~~M , ~ MWAAWAMW ab NtEm~er J ~ t~~°*+~tt~, 18215 72r~o AvEr~uE soUrH KM~+ ~ KEcv~r, WA s8c~3z 1'~147 (A~25)251-s222 omow ~ Ewc (425)z51-~87s2 FAc sh~ ver~ i I. EN~t+1 NG,,1~ ~'kANNU+tG, ~..L~~'~gl N/'~ '~a am co~'~ ~t~"Nc. ~m~,~. sa~c~s ~ or ~ Section 3. Implementation. The mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. 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. INTRODUCED: MAY - 4 2009 PASSED: MAY - 4 2009 APPRO MAY - 4 2009 ETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPR VED FOR : , D iel B. H ' City Attorney PUBLISHED: Ordinance No. 6225 April 20, 2009 5 of 5