HomeMy WebLinkAbout5865Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
120041129000241
PACIFIC NW TIT ORD 26.00
11 12912084 16
KING COUNTY, WA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Vacation (Ordinance 5865) �] � D Q (-o 2
Reference Number(s) of Documents assigned or released:
❑Additional 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 quarter of Section 13, Township 21 North, Range 4 East
E Additional legal is on page 3 of document.
Assessor's Property Tax Parcel/Account Number
049200-0370, 049200-0385, 049200-0390, 049200-0410, 049200-0340, 049200-0325,
049200-0320, 049200-0305
❑ Assessor Tax # not yet assigned
ORDINANCE NO. 58 6 5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE VACATION OF AN ALLEYWAY LOCATED
NORTH OF 1ST STREET NW, SOUTH OF 2ND
STREET NW, WEST OF NORTH DIVISION STREET
AND EAST OF "A" STREET NW, 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 north of 1st Street
NW, south of 2nd Street NW, west of North Division Street and east of "A" Street
NW, that a portion of City right-of-way acquired by the City through a Plat
Dedication on April 1, 1889 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. 3745 calling for a public hearing was approved
July 19, 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 August
16, 2004; and
Ordinance No. 5865
August 10, 2004
Page 1
WHEREAS, through this process, the City has determined that it no longer
needs the north -south alleyway located in the Block north of 1St Street NW, south
of 2nd Street NW, west of North Division Street and east of "A" Street NW, in the
City of Auburn, Washington; and
WHEREAS, the property owner of the property 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 north -south alleyway located in the Block
north of 1st Street NW, south of 2nd Street NW, west of North Division Street and
east of "A" Street NW, located within the City of Auburn, Washington, legally
described as follows:
THAT PORTION OF THE NORTHEAST QUARTER
OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4
EAST, OF THE WILLAMETTE MERIDIAN IN THE
CITY OF AUBURN, KING COUNTY, WASHINGTON,
SAID PORTION BEING THE ALLEY LOCATED IN
BLOCK 5 OF THE PLAT OF L.W. BALLARD'S PARK
ADDITION TO SLAUGHTER AS RECORDED IN
VOLUME 3, PAGE 91, RECORDS OF KING COUNTY,
WASHINGTON AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Ordinance No. 5865
August 10, 2004
Page 2
BEGINNING AT THE NORTHWEST CORNER OF
LOT 1, BLOCK 5 OF SAID PLAT; THENCE
SOUTHERLY ALONG THE WEST LINE OF SAID LOT
1 AND THE WEST LINE OF LOTS 2 THROUGH 7
INCLUSIVE, AND THE WEST LINE OF LOT 9 ALL IN
SAID BLOCK 5 A DISTANCE OF 306 FEET TO THE
NORTH MARGIN OF 1ST STREET NW; THENCE
WESTERLY ALONG SAID NORTH MARGIN A
DISTANCE OF 20.00 FEET TO THE SOUTHEAST
CORNER OF LOT 10 OF SAID BLOCK 5; THENCE
NORTHERLY ALONG THE EAST LINE OF SAID LOT
10 AND THE EAST LINE OF LOTS 12 THROUGH 18
INCLUSIVE OF SAID BLOCK 5 A DISTANCE OF 306
FEET TO THE SOUTHERLY MARGIN OF 2ND
STREET NW; THENCE EASTERLY ALONG SAID
SOUTH MARGIN A DISTANCE OF 20.00 FEET TO
THE TRUE POINT OF BEGINNING.
CONTAINING 6,120 SQUARE FEET, MORE OR
LESS.
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 southern half 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 water and sanitary sewer utility
easements 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.
Ordinance No. 5865
August 10, 2004
Page 3
B. Reservation in favor of the City of communications fiber lines
easements 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.
C. Reservation in favor of the City of a solid waste access easement
over and on the vacated right-of-way, including a reservation in favor of the City
of the right to grant easements for access over and on the vacated right-of-way.
D. Under the terms of the reservation set out in Paragraph A, B and C
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,
maintenance, repair, replacement, improvement, removal and enlargement of
gas and electric distribution facilities. The owners of the adjacent property agree
not to erect any structure on said easement and further agrees not to place trees
or other obstructions on the easement that would interfere with the exercise of
Grantee's rights herein.
E. It is provided, however, that such reserved or granted utility
easements, as set out in Paragraphs A, B, C and D 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
Ordinance No. 5865
August 10, 2004
Page 4
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.
F. Since the vacation of the northerly portion of the alley will go to a
new property owner, this Ordinance should not be recorded until the Police/Court
City Departments have moved out of the 101 N Division Street building, as the
alley is used as access to the City facility.
Section 2. Constitutionality 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.
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.
Ordinance No. 5865
August 10, 2004
Page 5
Section 5. Recordation. The City Clerk is directed to record this
ordinance with the office of the King County Auditor.
INTRODUCED:
PASSED:
AUG 16 2004
AUG 1 S 2004
APPROV AUG 16 2004
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Daniel B. Heid,
City Attorney
PUBLISHED: (Z-0 (04
Ordinance No. 5865
August 10, 2004
Page 6
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