HomeMy WebLinkAbout6687 ORDINANCE NO. 6687
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE VACATION
OF RIGHT-OF-WAY IN THE VICINITY OF SE 328TH
STREET AND 60TH AVENUE SOUTH
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 the 60 foot
right-of-way of SE 328th Street between 58th Avenue South and 60th Avenue South and a
portion of the 30 foot right-of-way of 60th Avenue South north of SE 328th Street dedicated
for public street use under the plat of West Auburn Five Acre Tracts under Recording
Number 475327, Volume 15, page 12 of plats on March 28, 1907, records of King
County, 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, CenturyLink, Comcast and Lakehaven Water and Sewer District and City
Departments and comments were received; and
WHEREAS, the City Council approved Resolution No. 5377 calling for a public
hearing on May 20, 2019; and
WHEREAS, posting requirements of Auburn City Code 12.48.070 and RCW
35.79.020 have been met; and
WHEREAS, a public hearing was held before the City Council on June 17, 2019;
and
WHEREAS, through this process, the City has determined that it no longer needs
Ordinance No. 6687
April 5, 2019
1 of 6
right-of-way in the vicinity of the 60 foot right-of-way of SE 328th Street between 58th Avenue
South and 60th Avenue South and a portion of the 30 foot right-of-way of 60th Avenue South
north of SE 328th, in the City of Auburn, Washington; and
WHEREAS, it is in the best interests of the City to vacate said portion of the right-
of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation. That right-of-way in the vicinity of the 60 foot right-of-
way of SE 328th Street between 58th Avenue South and 60th Avenue South and a portion of
the 30 foot right-of-way of 60th Avenue South north of SE 328th, located within the City of
Auburn, Washington, legally described as follows:
THAT PORTION OF SOUTH 328TH STREET, BEING A RIGHT
OF WAY 60 FEET IN WIDTH, ACCORDING TO THE PLAT OF
WEST AUBURN FIVE ACRE TRACTS AS RECORDED
MARCH 28111, 1907 IN VOLUME 15 OF PLATS, PAGE 12 IN
KING COUNTY, WASHINGTON, SITUATED WITHIN THE
NORTHWEST QUARTER AND THE SOUTHWEST
QUARTER OF SECTION 14, TOWNSHIP 21, NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN, GENERALLY
ABUTTING TRACTS 51 AND 60, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT 51
OF SAID PLAT, ALSO BEING A POINT ON THE NORTH
MARGIN OF SOUTH 328TH STREET; THENCE EAST ALONG
SAID NORTH MARGIN TO THE EAST MARGIN OF SOUTH
328TH STREET, ALSO BEING THE EAST LINE OF SAID
SUBDIVISION AND THE WEST LINE OF PARCEL A OF CITY
OF AUBURN BOUNDARY LINE ADJUSTMENT BLA15-0005
RECORDED UNDER RECORDING NO. 20151103900003,
THENCE SOUTH ALONG SAID EAST MARGIN TO THE
NORTHEAST CORNER OF TRACT 60, ALSO BEING A
POINT ON THE SOUTH MARGIN OF SOUTH 328TH STREET,
Ordinance No. 6687
April 5, 2019
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THENCE WEST ALONG SAID SOUTH MARGIN TO THE
NORTHWEST CORNER OF TRACT 60; THENCE NORTH A
DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON
THIS DESCRIPTION CONTAINS 37,381 SWUARE FEET,
MORE OR LESS.
[Also identified as Exhibit A and depicted in Exhibit B hereto.]
TOGETHER WITH
THAT PORTION OF 60TH AVENUE SOUTH, BEING A RIGHT
OF WAY 30 FEET IN WIDTH, ACCORDING TO THE PLAT OF
WEST AUBURN FIVE ACRE TRACTS AS RECORDED
MARCH 28TH, 1907 IN BOLUME 15 OF PLATS, PAGE 12 IN
KING COUNTY, WASHINGTON, SITUATED WITHIN THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, GENERALLY ABUTTING TRACT
51, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT
51 OF SAID PLAT, ALSO BEING THE SOUTHEAST CORNER
OF THE PLAT OF MOUNTAIN VIEW NORTH, RECORDED IN
VOLUME 269 OF PLATS, PAGES 10 THROUGH 16
RECORDS OF KING COUNTY; THENCE SOUTH ALONG
THE WEST AMRGIN OF 60TH AVENUE SOUTH A DISTANCE
OF 60.00 FEET TO THE POINT OF BEGINNING, THENCE
CONTINUING ALONG SAID WEST MARGIN TH TO
SOUTHEAST CORNER OF TRACT 51, ALSO BEING A
POINT ON THE NORTH MARGIN OF SOUTH 328TH STREET,
THENCE EAST A DISTANCE OF 30.00 FEET TO THE EAST
MARGIN OF 60TH AVENUE SOUTH, ALSO BEING THE EAST
LINE OF SAID SUBDIVISION AND THE WEST LINE OF
PARCEL A OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT BLA15-0005 RECORDED UNDER
RECORDING NO. 20151103900003; THENCE NORTH
ALONG SAID EAST MARGIN TO THE EASTERLY
EXTENSION OF A LINE PARALLEL WITH AND 60 FEET
SOUTH OF THE NORTH LINE OF SAID TRACT 51; THENCE
Ordinance No. 6687
April 5, 2019
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WEST ALONG SAID PARALLEL LINE A DISTANCE OF 30.00
FEET TO THE WEST MARGIN OF 60TH AVENUE SOUTH
AND THE POINT OF BEGINNING.
SITUATE IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON
THIS DESCRIPRITON CONTAINS 7,120 SQUARE FEET,
MORE OR LESS.
[Also identified as Exhibit C and depicted in Exhibit D hereto.]
incorporated by this reference, the same is vacated and the property lying in said portions
of right-of-way described above, shall be returned and belong to those persons entitled
to receive the property in accordance with RCW 35.79.040, conditioned upon the
following:
A. Dedication of 60 feet of right-of-way along the north boundary of parcel no.
9262800285 between 58th Avenue South and 60th Avenue South under a separate action
and Resolution.
B. In accordance with RCW 35.79.030, the City reserves and grants a private
utility easement to CenturyLink, over, under, and upon that portion of the vacated right-
of-way of South 328th Street as described above and in Exhibit A and depicted in Exhibit
B, for the construction, operation, maintenance, repair, replacement, improvement and
removal of facilities. The owners of the adjacent property agree not to erect any
structures on said easement and further agree not to place trees or other obstruction on
the easement that would interfere with the exercise of grantee's rights.
C. It is provided, however, that such reserved or granted utility easement as
Ordinance No. 6687
April 5, 2019
4 of 6
set out in Paragraph B above, may be modified to accommodate a removal, relocation
and sitting of the affected utility lines if the property owners on whose property the utility
lines are located agree to the removal, relocations and sitting being paid by said property
owners and with the removal, relocation and sitting being done in conformity with
applicable standards.
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 provisions to other persons or circumstances shall not
be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this location.
Section 4. Effective Date. This Ordinance will 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 record this
Ordinance with the office of the King County Auditor.
INTRODUCED: JUN 1 7 20T9
PASSED: JUN 1 '1 7019
APPROVED: JUN 1 7 2019
j\r1
N A 411 :ACKU , MAYOR
Ordinance No. 6687
April 5, 2019
5 of 6
ATTEST:
VX#rvstf\
hiK 40-11C4Li\b""
Itif Shawn Campbell, y O rk)
p City
APPROVED AS TO FORM:
t
*44
Steven L. Gross, City Attorney
PUBLISHED: bin), '0 l/ bt 6044 1\ 5
Ordinance No. 6687
April 5, 2019
6 of 6
EXHIBIT A
LEGAL DESCRIPTION
VACATED SOUTH 328TH STREET
That portion of South 328th Street, being a right of way 60 feet in width,
according to the Plat of West Auburn Five Acre Tracts as recorded March
28th, 1907 in Volume 15 of Plats, Page 12 in King County, Washington,
situated within the northwest quarter and the southwest quarter of Section
14, Township 21 North, Range 4 East, Willamette Meridian, generally
abutting Tracts 51 and 60, described as follows:
Beginning at the southwest corner of Tract 51 of said Plat, also being a point
on the north margin of South 328th Street; thence East along said north
margin to the east margin of South 328th Street, also being the east line of
said subdivision and the west line of Parcel A of City of Auburn Boundary
Line Adjustment BLA15-0005 recorded under recording no.
20151103900003, thence south along said east margin to the northeast
corner of Tract 60, also being a point on the south margin of South 328th
Street, thence west along said south margin to the northwest corner of Tract
60; thence north a distance of 60.00 feet to the Point of Beginning.
Situate in the City of Auburn, King County, Washington
This description contains 37,381 square feet, more or less.
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' WASHINGTON PUBLIC WORKS DEPARTMENT RIGHT OF WAY VACATION DRAWN BY:TAG
EXHIBIT C
LEGAL DESCRIPTION
VACATED 60TH AVE SOUTH
That portion of 60th Avenue South, being a right of way 30 feet in width,
according to the Plat of West Auburn Five Acre Tracts as recorded March
28th, 1907 in Volume 15 of Plats, page 12 in King County, Washington,
situated within the southeast quarter of the northwest quarter of Section 14,
Township 21 North, Range 4 East, Willamette Meridian, generally abutting
Tract 51, described as follows:
Commencing at the northeast corner of Tract 51 of said Plat, also being the
southeast corner of the Plat of Mountain View North, recorded in Volume 269
of Plats, pages 10 through 16, records of King County; thence south along
the west margin of 60th Avenue South a distance of 60.00 feet to the Point
of Beginning, thence continuing along said west margin to the southeast
corner of Tract 51, also being a point on the north margin of South 328th
Street, thence east a distance of 30.00 feet to the east margin of 60th
Avenue South, also being the east line of said subdivision and the west line
of Parcel A of City of Auburn Boundary Line Adjustment BLA15-0005
recorded under recording no. 20151103900003; thence north along said
east margin to the easterly extension of a line parallel with and 60 feet south
of the north line of said Tract 51; thence west along said parallel line a
distance of 30.00 feet to the west margin of 60th Avenue South and the
Point of Beginning.
Situate in the City of Auburn, King County, Washington
This description contains 7,120 square feet, more or less.
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• WASULNGFON PUBLIC WORKS DEPARTMENT RIGHT OF WAY VACATION DRAWN BY:TAG
*
CITY OF
RIGHT-OF-WAY VACATION
AtiBuRN STAFF REPORT
WASHINGTON
Right-of-Way (ROW)Vacation Number V1-18
Applicant: City Initiated
Property Location: Rights-of-Way located in the vicinity of the 60 foot Right-of-Way of SE 328th Street
between 58th Ave South and 60th Avenue South and a portion of the 30 foot Right-
of-Way of 60th Avenue South north of SE 328th Street.
Description of right-of-way:
This ROW proposed for vacation consists of a the 60 foot Right-of-Way of SE 328th Street between 58th Avenue
South and 60th Avenue South and a portion of the 30 foot Right-of-Way of 60th Avenue South north of SE 328th
Street. The SE 328th Street portion of ROW is adjacent to Parcel No. 9262800330, 9262800285 and 1421049011
which are owned by the City of Auburn as part of Mountain View Cemetery. The 60th Avenue South portion of
ROW is adjacent to parcel No. 9262800285 and Parcel No. 1421049003 which is privately owned. The total area
of ROW proposed for vacation is 44,501 (+/-) square feet.
All of the ROW was dedicated for public street purposes by the plat of West Auburn Five Acre Tracts under
Recording Number 475327, Volume 15, Page 12 of Plats, records of King County on March 28, 1907. The ROW
is currently unopened.
See Exhibits"A" through "D" for legal descriptions and surveys.
Proposal:
The City proposes to vacate the above described rights-of-way and dedicate a separate 60 foot alignment from
the north side of Cemetery Parcel No. 9262800285 under a separate action and Resolution. This plan is in
keeping with the City's 2004 master plan for Mountain View Cemetery. This proposal will eliminate the separation
between cemetery parcels and keep an east/west alignment for connection between 58th Avenue South and 60th
Avenue South for any proposed future need in the area.
Applicable Policies & Regulations:
• RCW's applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code- not affected.
Public Benefit:
• The street vacation furthers the City's master plan for Mt. View Cemetery.
• The street vacation decreases the right-of-way maintenance obligation of the City.
• The vacation allows the City to clean-up the parcel lines for the Mt. View Cemetery.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, Lakehaven Water
and Sewer District and City staff.
1. Puget Sound Energy (PSE) — PSE received the City's request for comments regarding the proposed
street right-of-way vacation. There does not appear to be existing PSE electric or gas facilities located
within the proposed right-of-way vacation area.
2. Comcast—Comcast has no objection to the proposed vacation.
1 of 2
6/12/20196/.5,12019
V1-18 Staff Report
3. CenturyLink—CenturyLink currently has underground communications facilities in the portion of SE 328th
Street that is proposed for vacation and will require and easement be reserved.
4. Lakehaven Water and Sewer District— Lakehaven has no comment on the proposed ROW vacation, as
based on the submittal it appears no existing and/or future Lakehaven water system facilities will be
required, desired, or affected by the proposed land use action.
5. Parks—The Parks Department supports of the vacation as it furthers the City's master plan for Mountain
View Cemetery.
6. Water— No comments.
7. Sewer—No comments.
8. Storm—No comments.
9. Transportation —Transportation supports the vacation with the condition that an equivalent east/west
alignment be dedicated from Mountain View Cemetery's northern most parcel between 58th Avenue South
and 60th Avenue South to accommodate any future transportation needs in the area.
10. Planning—No comments.
11. Fire— No comments.
12. Police—No comments.
13. Streets—No comments.
14. Construction—No comments.
15. Innovation and Technology— No comments.
16. Public Works Engineering—City Staff is aware of concerns related to the required dedication area
referenced in Condition 1 below from adjacent property owners.
Assessed Value:
ACC 12.48 states"The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city's expense." Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way vacation is being initiated by the City and if
approved, will attach to City owned parcels.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. The City shall dedicate a separate 60 foot alignment from the north boundary of Cemetery Parcel No.
9262800285 under a separate action and Resolution.
2. A public utility easement shall be reserved for CenturyLink Communications facilities along the entire
length and width of the portion of vacated ROW of South 328th Street.
2 of 2
6/12/20196/5/2019
V1-18 Staff Report
Printed Date: 4/11/2019
ROW Vacation #V1-18 Vicinity Map Map Created by City of AubumeGlS
Imagery Date:May 2015
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Information shown is for general reference
1 in = 167 ft 1:2,000 purposes only and does not necessarily
0 represent exact geographic or cartographic
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet data as mapped.The City of Auburn makes no
warranty as to its accuracy.
ROW Vacation #V1-18 Vicinity Map 2 MaPaptCp Created by City of Auburn eGIS
Imagery Date:May 2015
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data as mapped.The City of Auburn makes no
warranty as to its accuracy.
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MOUNTAIN VIEW CEMETERY
MASTER PLAN UPDATE • 2004
CITY OF AUBURN M
PARKS AND RECREATION JGM
tasPa YCJ•-t-5
0 50 100 100 100 N
LSI1 (� IIUIIIIIIII I III HII IIIIl 11111 Ill SII
FIRST AMERICAN I I 1 326 20190626000908
Return Address:
Auburn CityClerk `)"I ORDINANCE Rec:8109.00
8/2812019 2:13 PM
City of Auburn KING COUNTY,WA
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Ordinance No. 6687
Reference Number(s) of Documents assigned or released:
OAdditional reference#'s on page of document
Said fl^cut'tents wears ftfsci of
Grantor(s) (Last name first, then first name and initials) ?l`p as an accon:odatiad
no:bees, f_+; Only,
The Cityof Auburn cr `r`af'` o' •
S
pcii Title
Grantee: (Last name first)
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
A portion of the NW '/ of the SW '/ of Section 18. Township 21 N., Range 5 E
® Additional legal is on pages 7, 9 of the document.
Assessor's Property Tax Parcel/Account Number:
9262800285 and 9262800330
0 Assessor Tax#not yet assigned
ORDINANCE NO. 6687
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING THE VACATION
OF RIGHT-OF-WAY IN THE VICINITY OF SE 328TH
STREET AND 60TH AVENUE SOUTH
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 the 60 foot
right-of-way of SE 328th Street between 58th Avenue South and 60th Avenue South and a
portion of the 30 foot right-of-way of 60th Avenue South north of SE 328th Street dedicated
for public street use under the plat of West Auburn Five Acre Tracts under Recording
Number 475327, Volume 15, page 12 of plats on March 28, 1907, records of King
County, 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, CenturyLink, Comcast and Lakehaven Water and Sewer District and City
Departments and comments were received; and
WHEREAS, the City Council approved Resolution No. 5377 calling for a public
hearing on May 20, 2019; and
WHEREAS, posting requirements of Auburn City Code 12.48.070 and RCW
35.79.020 have been met; and
WHEREAS, a public hearing was held before the City Council on June 17, 2019;
and
WHEREAS, through this process, the City has determined that it no longer needs
Ordinance No. 6687
April 5, 2019
1 of 6
r '
right-of-way in the vicinity of the 60 foot right-of-way of SE 328th Street between 58th Avenue
South and 60th Avenue South and a portion of the 30 foot right-of-way of 60th Avenue South
north of SE 328th, in the City of Auburn, Washington; and
WHEREAS, it is in the best interests of the City to vacate said portion of the right-
of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation. That right-of-way in the vicinity of the 60 foot right-of-
way of SE 328th Street between 58th Avenue South and 60th Avenue South and a portion of
the 30 foot right-of-way of 60th Avenue South north of SE 328th, located within the City of
Auburn, Washington, legally described as follows:
THAT PORTION OF SOUTH 328TH STREET, BEING A RIGHT
OF WAY 60 FEET IN WIDTH, ACCORDING TO THE PLAT OF
WEST AUBURN FIVE ACRE TRACTS AS RECORDED
MARCH 28TH, 1907 IN VOLUME 15 OF PLATS, PAGE 12 IN
KING COUNTY, WASHINGTON, SITUATED WITHIN THE
NORTHWEST QUARTER AND THE SOUTHWEST
QUARTER OF SECTION 14, TOWNSHIP 21, NORTH,
RANGE 4 EAST, WILLAMETTE MERIDIAN, GENERALLY
ABUTTING TRACTS 51 AND 60, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF TRACT 51 •
OF SAID PLAT, ALSO BEING A POINT ON THE NORTH
MARGIN OF SOUTH 328TH STREET; THENCE EAST ALONG
SAID NORTH MARGIN TO THE EAST MARGIN OF SOUTH
328TH STREET, ALSO BEING THE EAST LINE OF SAID
SUBDIVISION AND THE WEST LINE OF PARCEL A OF CITY
OF AUBURN BOUNDARY LINE ADJUSTMENT BLA15-0005
RECORDED UNDER RECORDING NO. 20151103900003,
THENCE SOUTH ALONG SAID EAST MARGIN TO THE
NORTHEAST CORNER OF TRACT 60, ALSO BEING A
POINT ON THE SOUTH MARGIN OF SOUTH 328TH STREET,
Ordinance No. 6687
April 5, 2019
2 of 6
THENCE WEST ALONG SAID SOUTH MARGIN TO THE
NORTHWEST CORNER OF TRACT 60; THENCE NORTH A
DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON
THIS DESCRIPTION CONTAINS 37,381 SWUARE FEET,
MORE OR LESS.
[Also identified as Exhibit A and depicted in Exhibit B hereto.]
TOGETHER WITH
THAT PORTION OF 60TH AVENUE SOUTH, BEING A RIGHT
OF WAY 30 FEET IN WIDTH, ACCORDING TO THE PLAT OF
WEST AUBURN FIVE ACRE TRACTS AS RECORDED
MARCH 28TH, 1907 IN BOLUME 15 OF PLATS, PAGE 12 IN
KING COUNTY, WASHINGTON, SITUATED WITHIN THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST,
WILLAMETTE MERIDIAN, GENERALLY ABUTTING TRACT
51, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT
51 OF SAID PLAT, ALSO BEING THE SOUTHEAST CORNER
OF THE PLAT OF MOUNTAIN VIEW NORTH, RECORDED IN
VOLUME 269 OF PLATS, PAGES 10 THROUGH 16
RECORDS OF KING COUNTY; THENCE SOUTH ALONG
THE WEST AMRGIN OF 60TH AVENUE SOUTH A DISTANCE
OF 60.00 FEET TO THE POINT OF BEGINNING, THENCE
CONTINUING ALONG SAID WEST MARGIN TH TO
SOUTHEAST CORNER OF TRACT 51, ALSO BEING A
POINT ON THE NORTH MARGIN OF SOUTH 328TH STREET,
THENCE EAST A DISTANCE OF 30.00 FEET TO THE EAST
MARGIN OF 60TH AVENUE SOUTH, ALSO BEING THE EAST
LINE OF SAID SUBDIVISION AND THE WEST LINE OF
PARCEL A OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT BLA15-0005 RECORDED UNDER
RECORDING NO. 20151103900003; THENCE NORTH
ALONG SAID EAST MARGIN TO THE EASTERLY
EXTENSION OF A LINE PARALLEL WITH AND 60 FEET
SOUTH OF THE NORTH LINE OF SAID TRACT 51; THENCE
Ordinance No. 6687
April 5, 2019
3 of 6
WEST ALONG SAID PARALLEL LINE A DISTANCE OF 30.00
FEET TO THE WEST MARGIN OF 60111 AVENUE SOUTH
AND THE POINT OF BEGINNING.
SITUATE IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON
THIS DESCRIPRITON CONTAINS 7,120 SQUARE FEET,
MORE OR LESS.
[Also identified as Exhibit C and depicted in Exhibit D hereto.]
incorporated by this reference, the same is vacated and the property lying in said portions
of right-of-way described above, shall be returned and belong to those persons entitled
to receive the property in accordance with RCW 35.79.040, conditioned upon the
following:
A. Dedication of 60 feet of right-of-way along the north boundary of parcel no.
9262800285 between 58th Avenue South and 60th Avenue South under a separate action
and Resolution.
B. In accordance with RCW 35.79.030, the City reserves and grants a private
utility easement to CenturyLink, over, under, and upon that portion of the vacated right-
of-way of South 328t" Street as described above and in Exhibit A and depicted in Exhibit
B, for the construction, operation, maintenance, repair, replacement, improvement and
removal of facilities. The owners of the adjacent property agree not to erect any
structures on said easement and further agree not to place trees or other obstruction on
the easement that would interfere with the exercise of grantee's rights.
C. It is provided, however, that such reserved or granted utility easement as
Ordinance No. 6687
April 5, 2019
4 of 6
set out in Paragraph B above, may be modified to accommodate a removal, relocation
and sitting of the affected utility lines if the property owners on whose property the utility
lines are located agree to the removal, relocations and sitting being paid by said property
owners and with the removal, relocation and sitting being done in conformity with
applicable standards.
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 provisions to other persons or circumstances shall not
be affected.
Section 3. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this location.
Section 4. Effective Date. This Ordinance will 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 record this
Ordinance with the office of the King County Auditor.
INTRODUCED: JUN 1 7 an
PASSED: JUN 1 1 2019
APPROVED: JUN 1 7 2019
N%it :° ACKU , MAYOR
NIOrdinance No. 6687
April 5, 2019
5 of 6
ATTEST:
K t),byvt-DIC4L,\CAQA41
Shawn Campbell, City
APPROVED AS TO FORM:
lb
*44
Steven L. Gross, City Attorney
PUBLISHED: V Vv'w 94) TM 6'('L 1\ S
Ordinance No. 6687
April 5, 2019
6 of 6
EXHIBIT A
LEGAL DESCRIPTION
VACATED SOUTH 328TH STREET
That portion of South 328th Street, being a right of way 60 feet in width,
according to the Plat of West Auburn Five Acre Tracts as recorded March
28th, 1907 in Volume 15 of Plats, Page 12 in King County, Washington,
situated within the northwest quarter and the southwest quarter of Section
14, Township 21 North, Range 4 East, Willamette Meridian, generally
abutting Tracts 51 and 60, described as follows:
Beginning at the southwest corner of Tract 51 of said Plat, also being a point
on the north margin of South 328th Street; thence East along said north
margin to the east margin of South 328th Street, also being the east line of
said subdivision and the west line of Parcel A of City of Auburn Boundary
Line Adjustment BLA15-0005 recorded under recording no.
20151103900003, thence south along said east margin to the northeast
corner of Tract 60, also being a point on the south margin of South 328th
Street, thence west along said south margin to the northwest corner of Tract
60; thence north a distance of 60.00 feet to the Point of Beginning.
Situate in the City of Auburn, King County, Washington
This description contains 37,381 square feet, more or less.
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EXHIBIT C
LEGAL DESCRIPTION
VACATED 60TH AVE SOUTH
That portion of 60th Avenue South, being a right of way 30 feet in width,
according to the Plat of West Auburn Five Acre Tracts as recorded March
28th, 1907 in Volume 15 of Plats, page 12 in King County, Washington,
situated within the southeast quarter of the northwest quarter of Section 14,
Township 21 North, Range 4 East, Willamette Meridian, generally abutting
Tract 51, described as follows:
Commencing at the northeast corner of Tract 51 of said Plat, also being the
southeast corner of the Plat of Mountain View North, recorded in Volume 269
of Plats, pages 10 through 16, records of King County; thence south along
the west margin of 60th Avenue South a distance of 60.00 feet to the Point
of Beginning, thence continuing along said west margin to the southeast
corner of Tract 51, also being a point on the north margin of South 328th
Street, thence east a distance of 30.00 feet to the east margin of 60th
Avenue South, also being the east line of said subdivision and the west line
of Parcel A of City of Auburn Boundary Line Adjustment BLA15-0005
recorded under recording no. 20151103900003; thence north along said
east margin to the easterly extension of a line parallel with and 60 feet south
of the north line of said Tract 51; thence west along said parallel line a
distance of 30.00 feet to the west margin of 60th Avenue South and the
Point of Beginning.
Situate in the City of Auburn, King County, Washington
This description contains 7,120 square feet, more or less.
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WASHINGTON PUBLIC WORKS DEPARTMENT RIGHT OF WAY VACATION DRAWN BY:TAG