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"