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Home My WebLink About5647d O �o N Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHFFT Document Title(s) (or transactions contained therein): -7 I S ORD 5647 VACATION PETITION NO. V-05-01 &U -i T— Lu0g5/ r-12 Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) Puget Sound Energy, laid ducurnont(s) wM r ; "'+' '��:rAGr �JgpkNawln,Y axnsrif o as io proper exacurow g in, <.a.I"! , I,, fifla Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of "D" St NE in Section 6, Township 21, North Range 5 East, W.M and Section 7, Township 21 North, Range 5, East. ® Additional legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 514320-0060, 0070, 0075, 0150 Assessor Tax # not ORDINANCE NO.5 6 4 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF D STREET NE LOCATED NORTH OF 23RD STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-05-01 has been filed by the owner(s) 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 and U.S. West Communications, and WHEREAS, Puget Sound Energy requested an easement for electricity and natural gas lines; and �., WHEREAS, the City determined the need for private utility easements 0 r across the southern twenty (20) feet of the vacated area; and WHEREAS, Resolution No. 3432 calling for a public hearing was d approved March 4, 2002; and CM 04 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 April 1, 2002; and WHEREAS, the applicant has agreed to meet certain conditions; and Ordinance No. 5647 March 11, 2002 Page I 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That D Street NE located north of 23rd Street NE, 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. e- `- Section 2. Conditions of Vacation. Puget Sound Energy retains the G C= following easement: s A. An easement is hereby reserved for and conveyed to Puget Sound c C.,, Energy, Inc., its successors and assigns under and upon the south 20 feet of o 0 ^' the property to be vacated in which to construct, operate, maintain, repair, replace, improve, remove, and enlarge utility systems for purposes of transmission, distribution, and sale of natural gas and electricity. Puget Sound Energy shall also have the right to access to the easement area for purposes stated above. Ordinance No. 5647 March 11, 2002 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. 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. r� ti Section 5. Recordation. The City Clerk is directed to record this 0 ordinance with the office of the King County Auditor. N Section 6. Implementation. The Mayor is hereby authorized to cm implement such administrative procedures as may be necessary to carry out N 0 N the directives of this location. Ordinance No. 5647 March 11, 2002 Page 3 INTRODUCED: Aori11.2002 PASSED: April 1.2002 APPROVED: April 1, 2002 PETER B. LEWIS MAYOR ATTEST: D ielle E. Daskam, City Clerk r� APPR D TO FORM: cr), 0 a N B. Heid, City Attorney 0 PUBLISHED: 4-6--0 2- N N Ordinance No. 5647 March 11, 2002 Page 4 c� LEGAL DESCRIPTION STREET VACATION "D" STREET NE, NORTH OF 23rd STREET NE THAT PORTION OF "D" STREET NE IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. AND SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W. M. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE RIGHT OF WAY FOR SAID "D" STREET NE AS SHOWN ON THE PLAT OF MARDEL ADDITION, DIVISION NUMBER 2, AS RECORDED IN VOLUME 79 OF PLATS, PAGE 1, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 89001'36" WEST ALONG THE NORTH BOUNDARY OF SAID PLAT TO THE NORTHWEST CORNER OF SAID RIGHT OF WAY FOR SAID "D" STREET NE, 30.00 FEET; THENCE SOUTH 00°59'00" EAST ALONG THE WEST BOUNDARY OF SAID PLAT AND ALONG THE WEST MARGIN OF THE RIGHT -OF WAY FOR SAID "D" STREET NE, 720.76 FEET TO THE SOUTHWEST CORNER OF SAID PLAT; THENCE NORTH 88055'00" EAST ALONG THE SOUTH BOUNDARY OF SAID PLAT, 30.00 FEET TO THE EAST MARGIN OF SAID "D" STREET NE; THENCE NORTH 00059'00" WEST, 720.70 FEET TO THE POINT OF BEGINNING. CONTAINING 21,621.9 SQUARE FEET (0.496 ACRES) MORE OR LESS EXHIBIT A ORD NO. 5647 U 7 0 "D" IBIT B ORD NO. 5647 ity of Auburn STREET VACATION ;ET NE, NORTH OF 23rd STREET NE w o M P � 0 0 z c. 0 z ,0 0 a "D" IBIT B ORD NO. 5647 ity of Auburn STREET VACATION ;ET NE, NORTH OF 23rd STREET NE