The URL can be used to link to this page

Home My WebLink About5842 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 Jl~JJ~0l~ll~llllll PACIFIC NW TIT ORD 25 00 PAGE001 OF 007 . 07/08/2004 14:30 KING COUNTY, WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): '7(2-ç PfVl-VT' \)..)6~\Ç· )L- Vacation (Ordinance 5842) Reference Number(s)of Documents assigned or released: DAdditional 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. Auburn, City of Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the NE X of the SE X of Section 13, Township 21 North, Range 4 East WM [gI Additional legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number 7815700240,7815700225,7815700250, 7815700255, 7815700260 o Assessor Tax # not yet assigned ORDINANCE NO. 5 8 4 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF AN EAST-WEST ALLEYWAY LOCATED IN THE BLOCK SOUTH OF 1ST STREET SW, NORTH OF 2ND STREET SW, EAST OF "A" STREET SW AND WEST OF SOUTH DIVISION STREET, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right-of-ways located south of 1 st Street SW and west of South Division Street, that a portion of City right-of-way acquired by the City through a Plat Dedication on March 4, 1886 may no longer be needed to meet the needs of the City and that a public hearing should be set to determine if said right-of-way should be vacated; and, WHEREAS, a request for vacation of said right-of-way was circulated to Puget Sound Energy, Comcast, and QWest and comments were received; and WHEREAS, Resolution No. 3722 calling for a public hearing was approved May 3, 2004; 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 7, 2004; and ---------------------------- Ordinance No. 5842 June 7,2004 Page 1 WHEREAS, through this process, the City has determined that it no longer needs the east-west alleyway located in the Block south of 1 st Street SW, north of 2nd Street SW, east of "A" Street SW and west of South Division Street, in the City of Auburn, Washington; and WHEREAS, the property owners of the properties adjacent to the right-of- way proposed for vacation has agreed to meet certain conditions; and WHEREAS, it is in the best interests of the City to vacate said portion of said alley right-of-way under those conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That the east-west alleyway located in the Block south of 1 st Street SW, north of 2nd Street SW, east of "A" Street SW and west of South Division Street, located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 5, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 89°04'39" WEST ALONG THE SOUTH LINE OF LOTS 1 THROUGH 4 OF SAID BLOCK 5 A DISTANCE OF 240.31 FEET (240 FEET ---------------------------- Ordinance No. 5842 June 7,2004 Page 2 PLAT) TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 0°56'42" WEST A DISTANCE OF 20.00 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID BLOCK 5; THENCE SOUTH 89°04'39" EAST ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK 5 A DISTANCE OF 240.32 FEET (240 FEET PLAT) TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE NORTH 0°56'07" EAST A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 BEING THE POINT OF BEGINNING; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. and as shown on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference, the same is hereby vacated and the property lying in said portion of the alleyway described hereinabove, shall be returned and belong to those persons entitled to receive the property in accordance with the law, conditioned upon the following: A. Reservation in favor of the City of a utility easement over, under and on the vacated right-of-way, including a reservation in favor of the City of the right to grant easements for utilities over, under and on the vacated right-of-way. B. Reservation in favor of the City of a right-of-way easement over, under and on the vacated right-of-way. C. Under the terms of the reservation set out in Paragraphs A and B above, the City hereby grants a private utility easement to Puget Sound Energy over, under and upon the vacated right-of-way for the construction, operation, ---------------------------- Ordinance No. 5842 June 7, 2004 Page 3 maintenance, repair, replacement, improvement, removal and enlargement of gas and electric distribution facilities. The owners of the adjacent property agree not to erect any structures on said easement and further agrees not to place trees or other obstructions on the easement that would interefere with the exercise of Grantee's rights herein. D. It is provided, however, that such reserved or granted utility easements, as set out in Paragraphs A, Band C above, may be modified to accommodate a removal, relocation and siting of the affected utility lines if the City and the property owners on whose property the utility lines are located agree to the removal, relocation and siting of the affected utility lines, with the costs of such removal, relocation and siting being paid by said property owners, and with the removal, relocation and siting being done in conformity with applicable standards. Section 2. Constitutionalitv or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 3. 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. 5842 June 7,2004 Page 4 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 bylaw. Section 5. Recordation. The City Clerk is directed to record this ordinance with the office of the King County Auditor. ATTEST: Â)1hÆd~ 'Danielle E. Daskam, City Clerk PUBLISHED: ¿: ·//-01 ---------------------------- Ordinance No. 5842 June 7,2004 Page 5 INTRODUCED: PASSED: ~ltJN - '1 2004 JUN - 7 2004 -- .~ ~ PETER B. LEWIS MAYOR .. : i: ò !:! EXfIIBIT A EXHIBIT MAP FOR ALLEY VACATION saro.s'2T'"t ""'»' 1 ST STREET SW 140.... TLI781 70-0240 TL#781 70-0225 ... ~ ~ t o ,. w ~ ~ V) ...... ~ ~ ti: V) ~~ ð ~ s: -... c:::¡ 4- 3 2 ~ V) ...... ~ à t::: P.o.8. : Ì ~ ò. lOt " Ú') ~ ~ ~ 3/612004 5 8 TI.#781 70-0260 NIII"O,'f5"W 120.11" TI.#781570-0250 TL#781570-0255 ~ ~ <» .. . ¡ U .1; NOI"O$'OO'*W 2ND STREET SW HaS"O$'eo"W &....... ¡ßJ SCALE 1" sot EXHIBIT A ORDINANCE NO. 5842 PAGE 1 OF 1