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Home My WebLink About5770Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 200401020021.78 PACIFIC N~ T~T ~SC 29.0~ PAGEOOt OF Ott ~t/~2/2~4 tS:t5 KZNG COUNTY, UA. RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Vacation Ordinance (Ordinance 5770) Reference Number(s) of Documents assigned or released: I--IAdditional reference #'s on page of document IGrantor(s)lBorrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. Calvary Temple 2. Bureau of Indian Affairs 3. Roys, Charles H 4. OIson, Kenneth 5. Reinhard, Ernest ILegal Description (abbreviated: i.e. lot, block, plat or section, township, range) Two portions of right-of-way located south of Auburn Way S and south of Poplar Street SE [] Additional legal is on page _6-10 of document. Assessor's Prope~y Tax ParcellAccountNumber ~2821~5-9~19~2121~5-9~34~2121~5-9128~2121~5-91~5~2121~5-91~6~2121~5-91~7~2121~5- 19~08,212~05-9~04,212105-91~3,282~05-0927 I[] Assessor Tax # not yet assigned ORDINANCE NO. 5 7 7 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF TWO PORTIONS OF RIGHT-OF-WAY LOCATED SOUTH OF AUBURN WAY SOUTH AND SOUTH OF POPLAR STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-02-02 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, Comcast, and U.S. West Communications and comments were received; and WHEREAS, Resolution No. 3610 calling for a public hearing was approved May 19, 2003; 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 June 16, 2003; and WHEREAS, the applicant has agreed to meet certain conditions; and WHEREAS, the City has no record of purchasing this right-of-way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5770 June 12, 2003 Page ! Section 1. Vacation. That two portions of Right-of-way located south of Auburn Way South and South of Poplar Street SE, as legally described on attached Exhibits "A-I", "B-I", and "C-1", and drawn on Exhibits "A-2", "B-2" and "C-2", 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. The vacation is conditioned on and subject to the following: A. The utility easement for Puget Sound Energy's overhead and underground electrical facilities located in the right-of-way that is south of Auburn Way South. B. The utility easement for the water line located in the right-of-way that is south of Poplar Street SE. C. The Lot Line Adjustment for parcels number 212105-9037, 212150-9105, 212105-9106 and 212105-9107, combining the above identified parcels into a single parcel. D. The reservation by the City of Auburn of the right to grant further easements for utilities over, under and on the vacated right-of- way. Ordinance No. 5770 June 12, 2003 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. Section 5. Recordation. The City Clerk is directed to record this ordinance with the office of the King County Auditor only after completion by Calvary Temple Church (represented by the Abbey Road Group) 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. 5770 June 12,2003 Page 3 INTRODUCED: June 16, 2003 PASSED: June 16, 2003 ATTEST: DenTelle E. Deskem, City Clerk APPROVED: June 16, 2003 PETER B. LEWIS MAYOR I:~m~ B. He'~i~,' v - ~,. City Attorney ~- PUBLISHED: Ordinance No. 5770 June 12, 2003 Page 4 EXHIBIT A-1 NORTH AREA 1 VACATION DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, AUBURN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 300 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 21 WITH THE WEST LINE OF THE EAST 10.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, THENCE ALONG SAID WEST LINE NORTH 00°37'14'' EAST, 299.59 FEET; THENCE SOUTH 00036'52" EAST, 56.28 FEET; THENCE SOUTH 02026'05" EAST, 64.85 FEET; THENCE SOUTH 25044'04" EAST, 23.24 FEET; THENCE SOUTH 09°17'1Y' EAST, 19.45 FEET; THENCE SOUTH 03°11'38" EAST, 80.12 FEET; THENCE NORTH 87°01'35" EAST, 11.36 FEET TO THE EAST LINE OF THE WEST 25.00 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EAST LINE SOUTH 00°37'14'' WEST, 30.02 FEET; THENCE NORTH 89°32'15'' WEST, 15.00 FEET TO THE EAST LINE OF THE WEST 10.00 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EAST LINE SOUTH 00°37'14'' WEST, 29.20 FEET TO THE NORTH LINE OF THE AFOREMENTIONED SOUTH 300.00 FEET; THENCE ALONG SAID NORTH LINE NORTH 89034'56" WEST, 20.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,043 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Exhibit Ord No A-1 5770 EXHIBIT A-2 S00'37'14"W 42.02' AUBURN WAY SOUTH 10'36'52"E 56.28' EAST LINE Wl/2 SWl/4 SE1/4 SWl/4 -- SECTION 21, T21N, R5E, WM PC N89'3¢'56"W 20.00" !6'05"E 64.85' 5'44'04"E 23.24' 7'15"E 19.45' ;'11'58"E 80.12' -- ~187'01'35"E 11.56' --S00"37'14"W 30.02' --NSB'32'15"W 15.00' --S00'37'14"W 29.20' NORTH LINE SOUTH 300' --SWl/4 SE1/4 SWl/4 SECTION 21, T21N, R5E, WM NORTH AREA 1 1"=100' ~ E:XP~E:S 19 ~A¥ ZOO4 VACATION CI l/TZ ENOINEERINO ~ .FUR VE Y/NG 5308 12th St. E. Suite B Fife, WA 984.24 Bus: (253.) 922-t532 Fax: (253) 922-t954 t~oldOcesnwine.com Exhibit A-2 Ord No 5770 EXHIBIT B-1 NORTH AREA 2 VACATION DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, AUBURN, KING COUNTY, WASHINGTON, DESCRIBED. AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 300 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 21 WITH THE WEST LINE OF THE EAST 10.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, THENCE ALONG SAID WEST LINE NORTH 00°37'14'' EAST, 299.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00036'52'' EAST, 56.28 FEET; THENCE SOUTH 02026'05" EAST, 64.85 FEET; THENCE SOUTH 25o44'04'' EAST, 23.24 FEET; THENCE SOUTH 09°17'13'' EAST, 19.45 FEET; THENCE SOUTH 03°11'38" EAST, 80.12 FEET; THENCE NORTH 87001'35" EAST, 11.36 FEET TO THE EAST LINE OF THE WEST 25.00 FEET OF TH.E EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID EAST LINE NORTH 00037' 14" EAST, 282.49 FEET TO THE SOUTH MARGIN OF AUBURN WAY SOUTH; THENCE ALONG SAID SOUTH MARGIN NORTH 89043'46" WEST, 35.00 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST 10.00 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, THENCE ALONG SAID WEST LINE SOUTH 00037' 14" WEST, 42.02 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 7,477 SQUARE FEET, MORE OR LESS. SITUATE IN THE WASHINGTON. Exhibit B-1 Ord No 5770 CITY OF AUBURN, COUNTY OF KING, STATE OF EXH~IT B-2 S00'37'14-"W 4.2.02' AUBURN WAY SOUTH N89'45'4.6"W .55.00' EAST LINE Wl/2 SWl/4- SE1/4 SW1 SECTION 21, T21N, RSE, WM SO0'56'52"E 56.28' ;02'26'05"E 64-.85' ;7'14"E 282.4.9' 5'4.4'04-"E 2,3.24' )9'17'13"E 19.4-5' 1'38"E 80.12' ~7'01 '35"E 11.36' NORTH LINE SOUTH 300' Swm /~ S E 1 / ~ S wm/~ I SECTION 21, T21N, RSE, WM NORTH AREA 2 VACATION 1'"=100' EXPIRES 19 MAY 2004 CE.S c CI VIZ ENGINEERING ~ SUR VE 5308 12th St. E. Suite B Fife, WA 98424 Bus: (253) 922-1532 Fax: (253) 922-1954 t~oldOcesnwinc.com Exhibit B-2 Ord No 5770 EXHIBIT C-1 SOUTH AREA VACATION DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, AUBURN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID SECTION 21 NORTH 89034'56'' WEST, 406.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 40014'56'' WEST, 32.96 FEET; THENCE SOUTH 89034'56'' EAST, 27.20 FEET; THENCE SOUTH 13°18'04" WEST, 25.65 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 340 SQUARE FEET, MORE OR LESS. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. Exhibit C-1 Ord No 5770 EXHIBIT C-2 LOT 1 ~..~d"4 u~ / AUBURN SP 5-77 O,.h. "O / 7705050659 ~ ~¢~ .... x ~,.// S89'34 56 E 27.20 \\, ~/'~ N40'14'56"W ,32.96' ~ S13'18'04"W 25.65' ~ N89'54-'56"W 406.17' I SOUTH LINE SECTION T 21 21, ~ TPOB SE CORNER SE1/4 SWl/4. SECTION 21'--~ N, R 5 E, WM SOUTH AREA VACATION 1"=75' Bus: (253) 922-1532 5308 12th St. E. Suite B Fax: (253) 922-19~,4 Exhibit C-2 Ord No 5770