HomeMy WebLinkAbout5771200308291379 7 PGS
08-29-2003 03'50pm $25.00
PIERCE COUNTY WASHINGTON
Return 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):
Vacation Ordinance No. 5771
Reference Number(s) of Documents assigned or released:
[-IAdditional 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)
1. Evergreen Tucci Partners
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
That portion conveyed to the City of Auburn for road right-of-way by Deed 200205060960 in Section 6,
TWP 20 N, Range 5 E.
[] Additional legal is on page ___~" of document.
IAssessor's Tax Parcel/Account Number
Property
O52006-4OO5
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 7 7 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE VACATION OF A PORTION OF 69TM
STREET SE LOCATED WEST OF EVERGREEN WAY SE, WITHIN THE CITY
OF AUBURN, WASHINGTON.
WHEREAS, Vacation Petition No. V-01-03 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. 3609 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 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. 5771
June 12, 2003
Page !
Section 1. Vacation. That a portion of 69th Street SE located West of
Evergreen Way SE, as legally described on attached Exhibit "^", 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.
Section 2. Conditions of Vacation. The vacation is conditioned on
and subject to the following:
A. The utility easement for Puget Sound Energy's gas and electrical
facilities.
B. The utility easement for Comcast's cable facilities.
C. 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.
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
Ordinance No. 5771
June 12, 2003
Page ?~
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
Polygon Northwest 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. 5771
June 12, 2003
Page 3
INTRODUCED:
PASSED:
June 16,.2003
June 16,2003
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED: June 16, 2003
PETER B. LEWIS
MAYOR
PUBLISHED: ~?'-2-C3"~d-~-~
Ordinance No. 5771
June 12, 2003
Page 4
CORE DESIGN, INC.
BELLEVUE WA 98007
Core Project No: 02050
01 / 15/03
Legal Description - Road Vacation
That portion conveyed to the City of Auburn for road right-of-way by Deed under
Recording Number 200205060960 all in Section 6, Township 20 North, Range 5
East, W.M., in the City of Auburn, Pierce County, Washington, described as follows:
Commencing at the southeast corner of Lot 2 City of Auburn Short Plat as recorded
under Recording Number 200211145001, records of said county; thence
N20°03'29"W along the eastedy line of said Lot 2 a distance of 494.36 feet to a point
of intersection with a 877.50 foot radius circular curve to the right from which point '
the center of said curve bears N20°03'29"W, said point being on the southerly margin
of that portion conveyed to the City of Auburn for road right-of-way by deed recorded
under Recording Number 200205060960, records of said county; thence westerly,
along said curve and southerly margin, through a central angle of 07°08'14'', an arc
distance of 109.31 feet to the POINT OF BEGINNING of the herein described parcel;
thence continuing westerly along said curve and said southerly margin, through a
central angle of 08o24'42", an arc distance of 128.83 feet to a point on the westerly
margin of that portion conveyed to tee City of Auburn by said deed; thence
N04°30'33"W along said westerly margin, 55.00 feet to a point of intersection with a
822.50 foot radius circular curve to the left from which point the center of said curve
bears N04°30'33"W, thence easterly, along said curve and the northerly margin of
said road deed, through a central angle of 07°39'07", an arc distance of 109.85 feet
to a point of compound curvature with a 35.00 foot radius circular curve to the left;
thence easterly, along said curve and the southerly margin of said road deed,
through a central angle of 18o06'55", an arc distance of 11.07 feet; thence
S12°55'15"E 56.66 feet to the POINT OF BEGINNING.
Contains 6,869_+ square feet (0.1577+ acres).
Exhibit A
Ord No 5771
02050L-21 RD VACATION.doc, 1/17/03, Page 1 of 1
0 ' 25 50
SCALE: 1"=50'
R=35.00
&.=18"06'55"
L=11.07
R-__82.2.50
/~ 0"/' .'.'.'59'_0~"
L~109.~~
-.4 ~ b'~l
LC1 B3
PROPOSED 15' W, ATER, LINE EASEMENT,
~i~!o ~,
~"' .~. ~rt ,%.'
PORTION CONVEYED TO
LAKELAND PAGE
EVERGREEN TUCCI PARTNERS, LLC
~.OF ~.
WATERLINE EASEMENT EXHIBIT
0/0 1471 ! NE 29th Place, #101
Bellevue, Washington 98007
425.885.7877 Fax 425.885.7963
ENGINEERING · PLANNING · SURVEYING
JOB NO. 02050
69'~ ST. S,~
PORTION CONVEYED TO THE CITY OF
AUBURN BY DEED UNDER RECORDING
NO. 200205060960 TO BE VACATED.
LOT 2 CITY OF
AUBURN SHORT PLAT
UNDER REC. NO.
200211145001
S.E. CORNER .,
LAKE TAPPS
pKWY EAST
Exhibit B
Ord No 5771