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HomeMy WebLinkAbout5711FILED BY PNNR118111114 111111111Illllli xs 0 PIERCE 11??.aaPWINGTON 00 AFTER RECORDING RETURN TO: Auburn City Clerk City of Auburn 25 West Main Street Auburn, WA 98001 Document type: Vacation (ORD 5711) Reference numbers of related documents: Additional reference numbers on page Grantor(s) : 1, City of Auburn 2, 3. 4. etc. additional names on page Trustee: Grantee(s): 1. 2. 3. 4. Rodarte Construction of document FILED BY PNWT of document Said document(s) were filed for record cy Pacific Northwest lltle as acCOmmoijation only. It has not oean examined as to proper execution or as to its effect upon title etc. additional names on page of document Legal description: Abbreviated form: PTN. NW 6-20-5 Assessor's parcel number(s): 0520062023 AND 0520062022 -tqq Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20040102052i67 PACZFIC NU TZT HZSC 25.ee PgO£e~t OF elleZlZee4 15:14 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Vacation (ORD 5711) Reference Number(s) of Documents assigned or released: nAdditional reference #'s 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) 1. Rodarte Construction ILegal Description (abbreviated: i.e. lot, block, plat or Section, township, range) IA strip of land 60 feet in width I [] Additional legal is on page 6 of document. IAsseSsor's Property Tax Parcel/Account Number 05:2006-2023 and 052006-2022 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 7 1 1 AN ORDINANCE OF THE 'CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF 151sT AVENUE EAST, LOCATED EAST OF EAST VALLEY HIGHWAY, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-04-02 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. 3540 calling for a public hearing was approved November 4, 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 December 2, 2002; and WHEREAS, the street property was bought by Pierce County and then annexed into the City; Ordinance No. 5711 March 27, 2003 Page ] NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1, Vacation, That a portion of 151st Avenue East, located East of East Valley Highway, 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, Compensation. That this vacation shall be effective upon payment to the City of Auburn, within one hundred twenty (120) days of the date hereof by the owner or owners of property adjacent thereto and to be benefited by the vacation, in the total amount of Twenty-two Thousand Seven Hundred sixty-seven and 33/100 Dollars ($22,767.33). 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 No. 5711 March 27, 2003 Page 2 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 $. Recordation. The City Clerk is directed to record this ordinance with the office of the King County Auditor only after completion by Rodarte Construction of all the conditions set forth in Section 2 of this ordinance. 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. 5711 March 27, 2003 Page 3 ATTEST: D~ielle E. Daskam, City Clerk APR - ? 2003 APR - '7 2003 INTRODUCED: PASSED: ~PR - ? 2003 APPROVED: MAYOR City Attorney PUBLISHED: Ordinance No. 5711 March 27, 2003 Page 4 WARREN T. LAY Professional Land Surveyor 704 Cedar Drive Auburn, WA 98002 1-888-433-1149 Fax 253 833 0792 24 March 2003 DESCRIPTION FOR VACATION A strip of land 60 feet in width described as follows Beginning at the northwest comer of Section 6, Township 20 North, Range 5 East, Willamette Meridian, in the City of Auburn, Pierce County, Washington; thence South 89°06'47'' East, along the north section line of said Section 6, a distance of 29.26 feet to the centerline of East Valley Highway; thence South 0054'30'' East, along said centerline, a distance of 64.67 feet to a point of curvature of the Sumner-Dieringer Highway; thence North 89005'30'' East, a distance of 50.00 feet to the east boundary of the East Valley Highway; thence South 0°54'30" East, along said boundary, a distance of 146.00 feet; thence along a curve to the left, whose center bears North 73°29'34'' East a distance of 542.96 feet, an arc distance of 48.20 feet to the TRUE POINT OF BEGINNING; thence continuing along said curve to the left, with a radius of 542.96 feet, an arc distance of 174.35 feet; thence South 39°59'30'' East, a distance of 119.81 feet; along a tangent curve to the right, with a radius of 602.96 feet, an arc distance of 177.58 thence feet thence North 88°34'43'' West, a distance of 66.70 feet; thence along a curve to the left, whose center bears South 64°01 '36" West a distance of 542.96 feet, an arc distance of 132.84 feet; thence North 39o59'30'' West, a distance of 119.81 feet; thence along a tangent curve to the right, with a radius of 602.96 feet, an arc distance of 68.21 feet; thence North 0°54'30'' West, a distance of 133.08 feet to the TRUE POINT OF BEGINNING; Containing 23560 square feet or 0.541 acres, more or less. EXHIBIT A ORD. NO. 5711 EXHIBIT B ORD. NO. 5711