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Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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00282121
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein): ,
Ordinance 5705 (Vacation) Z �I
Reference Number(s) of Documents assigned or released:
vel ' l o
DAdditional reference Ws on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
Rainier Commercial Development
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
That portion of the NE % of the SW % of Section 7, TWP 21 N, Range 5 E, WM
® Additional legal is on page 5 of document.
Assessor's Property Tax Parcel/Account Number
257840-0060, 257840-0050, 257840-0045, 257840-0040, 257840-0070, 257840-0081
® Assessor Tax # not yet
ORDINANCE NO. 5 7 0 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE VACATION OF A PORTION OF
ALLEYWAY BETWEEN 14TH STREET NE AND 15TH STREET NE LOCATED
OFF OF HARVEY ROAD, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Vacation Petition No. V-03-02 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 comments were received;
and
WHEREAS, Resolution No. 3536 calling for a public hearing was
approved October 21, 2002; 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
November 18, 2002; and
WHEREAS, the applicant has agreed to meet certain conditions; and
WHEREAS, the street property was acquired by the City through a plat;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5705
November 19, 2002
Page 1
Section 1. Vacation. That a portion of alleyway between 14th Street NE
and 15th Street NE located off of Harvey Road, as legally described on attached
Exhibit "A", and drawn on Exhibit "B", 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,
provided that the City of Auburn reserves an easement for utilities over, under
and on the vacated right-of-way, and further reserves the right to grant
easements for utilities over, under and on the vacated right-of-way.
Section 2. Conditions of Vacation. Applicant Rainier Commercial
Development has agreed to meet the following conditions:
A. Cap and abandon (remove) existing 2" waterline to the east end of
property and place blow off on the remaining portion of 2" waterline that
serves lots 1 and 12.
B. Abandon sewer to the east edge of property. Install manhole at the
edge of alley.
C. City will request the pickup of garbage and recyclable to be set out on
141h Street NE and 15`h Street NE rather than the alley, upon the
approval of this street vacation.
D. Remaining alley to be paved by developer.
Ordinance No. 5705
November 19, 2002
Page 2
E. Developer will work with and pay for Qwest to relocate the existing
underground facility.
F. Submit a Lot Line Adjustment to clean up the right-of-way at Auburn
Way N/Harvey Road with parcel # 21578400065.
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.
Section 5. Recordation. The City Clerk is directed to record this
ordinance with the office of the King County Auditor only after completion by
Rainier Commercial Development of all the conditions set forth in Section 3 of
this ordinance.
Ordinance No. 5705
November 19, 2002
Page 3
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.
INTRODUCED: November 18, 2002
PASSED: November 18, 2002
APPROVED: November 18, 2002
C
PETER B. LEWIS
MAYOR
ATTEST:
ani Ile E. Daskam,
City Clerk
• 0zg I• • n
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PUBLISHED:ll�Uz
Ordinance No. 5705
November 19, 2002
Page 4
EXHIBIT A
DESCRIPTION OF VACATION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE 16.00 FOOT WIDE ALLEY LYING WITHIN BLOCK 2 OF
FLOOD'S FIRST ADDITION, AS PER PLAT RECORDED IN VOLUME 45 OF PLATS,
PAGE 63. RECORDS OF KING COUNTY;
EXCEPT THE WESTERLY 5.00 FEET THEREOF AS MEASURED PURPENDICULAR TO
THE EASTERLY RIGHT OF WAY LINE ON HARVEY ROAD AS SHOWN ON SAID PLAT;
AND EXCEPT THAT PORTION THEREOF LYING EAST OF A LINE DRAWN FROM THE
SOUTHWEST CORNER OF LOT 1 TO THE NORTHWEST CORNER OF LOT 12 OF SAID
BLOCK 2;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Exhibit A
Ord. No. 5705
EXHIBIT B FOUND CASED
FOUND CASED %" STREET NORM EAST CANCRETE MOMMENT
CONCRETE MONUMENT WTN 2' BRASS DOME
WTN 2' BRASS DANE S 0178'18' E 348.87' _
182.70' 166.17'
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1 1
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16.00' ALLEY
WAY TO BE 10 I
3 VACATED
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60 0 60
1 inch = 60 ft.
DA IE 10/14/02
DAVID R. DOWNING & ASSOCIATES
PROFESSIONAL LAND SURVEYORS SME.
1' = 60'
Exhibit B 4219 76th ST. N.E. 9.#TE 202 01-072
Ord. No. 5705 MARYSV2LE. WA.. 98270 1
(360) 653-5.185 SN 1 of