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Home My WebLink About5773!, Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 !l!l[ II[l[ II I1 PllCZFZC NM TIT CORD 25.ce PAOE eetoF ea/ze/zee~ tB: KZNO COUNTY, RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Vacation Ordinance No. 5773 Reference Number(s) of Documents assigned or released: I--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. Auburn School District No. 408 2. Goldman, Jack 3. Hurley, Jeffrey G Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Alleyway located north of 803 and 815 E Main St, in Sec 18, TWP 21 N, R5E [] Additional legal is on page _6 of document. IAssessor's Tax Parcel/Account Number Property 685870-0020, 685870-0185, 685870-0005, 685870-0015 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 7 7 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF AN ALLEYWAY LOCATED NORTH OF 803 AND 815 EAST MAIN, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-03-03 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. 3607 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. 5773 June 12, 2003 Page ! Section 1. Vacation. That a portion of an alleyway located north of 803 and 815 East Main, 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 the Sewer utility. B. The utility easement for Puget Sound Energy's overhead and underground electrical 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. 5773 June 12, 2003 Page 2~ 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 Jack Goldman 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. 5773 June 12, 2003 Page 3 INTRODUCED: PASSED: June 16, 2003 June 16, 2003 APPROVED: .___..June 16, 2003 PETER B. LEWIS MAYOR ATTEST: Dani'~,lle E. Daskam, City Clerk City Attorney PUBLISHED: ~- >" L;'-.~ Ordinance No. 5773 June 12, 2003 Page 4 EXHIBIT A PROPOSED ALLEY VACATION THAT PORTION OF THE SOUTH HALF OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLOCK 1 OF POPLARWOOD ADDITION TO AUBURN RECORDED IN VOLUME 32 OF PLATS AT PAGE 5, RECORDS OF KING COUNTY, WASHINGTON; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 3, AND ALONG THE NORTH LINE OF LOTS 2 AND 1 OF SAID BLOCK 1 A DISTANCE OF 195.17 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 1 OF SAID PLAT OF POPLARWOOD ADDITION AND THE WEST LINE OF "H" STREET NORTHEAST VACATED BY CITY OF AUBURN ORDINANCE NUMBER 912; THENCE NORTH 3°10' EAST ALONG SAID EAST LINE OF VACATED "H" STREET A DISTANCE OF 16.03 FEET TO THE SOUTHWEST CORNER OF LOT 21, BLOCK 1, OF SAID PLAT OF POPLARWOOD ADDITION; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 21 AND ALONG THE SOUTH LINE OF LOT 4 OF SAID PLAT OF POPLARWOOD ADDITION A DISTANCE OF 195.18 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4 AND THE WEST LINE OF "1" STREET NORTHEAST; THENCE SOUTH 3°10' WEST ALONG SAID WEST LINE OF "1" STREET NORTHEAST A DISTANCE OF 16.03 FEET TO THE POINT OF BEGINNING. CONTAINING 3123 SQUARE FEET, MORE OR LESS. THE BASIS.OF BEARINGS FOR THIS DESCRIPTION IS THE PLAT OF POPLARWOOD ADDITION, RECORDED IN VOLUME 32 OF PLATS, AT PAGE 5, RECORDS OF KING COUNTY, WASHINGTON. Exhibit A Ord No 5773 Exhibit B Ord No 5773