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Home My WebLink About5772 DA ~ . , 111111111111111111111I 20040603002582 turn Address: PRCIFIC NU TIT MISC 25.00 PRGE001 OF 007 burn City Clerk 06/03/2004 15:32 KING COUNTY, UR of Auburn - .-- -- - ------ ------ ---- -- - -- -- West Main S1. burn, WA 98001 RECORDER'S COVER SHEET cument Title(s) (or transactions contained therein): r-¡!, ç- PNlNl cation (Ordinance 5772) IN ~ ö'l "5 ^ ~L ference Number(s) of Documents assigned or released: dditional reference #'s on page of document antor(s)/Borrower(s) (Last name first, then first name and initials) burn, City of antee/Assignee/Beneficiary: (Last name first) Danner Family Holdings LLC D Street Investments LLC Millennium Investment Group LLC gal Description (abbreviated: i.e. lot, block, plat or section, township, range) . at portion of the south half of the NE y.¡ of Section 13, Twp 21 N, Range 4E dditionallegal is on page 6 of document. sessor's Property Tax Parcel/Account Number 446340-0138,540210-0145,540210-0185 ssessor Tax # not yet assigned Re Au City 25 Au Do Va Re DA Gr Au Gr 1. 2. 3. Le Th IZIA As ORDINANCE NO.5 7 7 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF D STREET NW LAYING NORTH OF 3RD STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-02-03 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. 3608 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. 5772 June 12, 2003 Page] Section 1. Vacation. That a portion of D Street NW laying North of 3rd Street NW, 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. 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 utility easement for the Water, Storm and Sewer utilities. D. The joint access easement for all of the abutting property owners along D Street NW, including Parcel Number 446340-0136 (Lot #2). E. 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. Constitutionalitv or Invaliditv. If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be .--------------------------- Ordinance No. 5772 June 12, 2003 Page 2 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 anyone 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 Millennium Investment Group, D Street Investments, and the Danner Family Holdings (represented by West Law Offices) 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. 5772 June 12, 2003 Page 3 ATTEST: Æ . r-, .//\ d . (lhxÙ/ L/ÃJa~i!.tl/l~ Danielle E. Daskam, City Clerk PUBLISHED: b· 2{) -0 3 ___.______M_._______________ Ordinance No. 5772 June 12, 2003 Page 4 INTRODUCED: June 16. 2003 PASSED: June 16. 2003 APPROVED: June 16. 2003 ~~'f? --33 PETER B. LEWIS MAYOR THAT PORTION OF TIlE SOUTH HALF OT TIlE NORTHEAST QUARTER OF SECTION 13, TOWNSIDP 2] NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASlllNGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TIlE NORTHWEST CORNER OF LOT 1, BLOCK 11, MEADE'S SECOND ADDITION TO SLAUGHTER RECORDED IN VOLUME 7 OF PLATS AT PAGE 63, IN KING COUNTY, WASlllNGTON; TIlENCE ALONG TIlE WEST LINE OF SAID BLOCK 11, SOUTH 0°35'46" WEST, 345.89 FEET TO TIlE SOUTHWEST CORNER OF SAID BLOCK 11; TIlENCE ALONG THE WESTERLY PROJECTION OF TIlE SOUTH LINE OF SAID BLOCK 11, NORTH 89°23'54" WEST, 60.00 TO TIlE EAST LINE OF LOT 4, CITY OF AUBURN SHORT PLAT NUMBER SP-II-79, RECORDED UNDER KING COUNTY RECORDING NUMBER 7908230645, BEING A PORTION OF LOT 10, BLOCK B, LUNN'S GARDEN TRACTS TO AUBURN, ACCORDING TO TIlE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING COUNTY, WASlllNGTON; THENCE ALONG THE EAST LINE OF LOT 4 AND LOT 3 OF SAID SHORT PLAT, NORTH 0035'46" EAST, 349.10 FEET, TO TIlE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 3, SOUTH 86019'54" EAST, 60.09 FEET TO THE POINT OF BEGINNING. 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