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Home My WebLink About6076/11--' Y 4 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 I�Ilnlllllll'lliYll'I��IIIiY110111111N1 21111112021j, 8 PGS 07112 12007 :07am PIERCE COUNTY, WASHRET-000N nr-rnonr-ogc rr1VF92 SNFFT Document Title(s) (or transactions contained therein): Vacation (Ordinance No. 6076) Reference Number(s) of Documents assigned or released: ❑Additional reference Vs 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. I nvestco Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) North 30 feet of the NE %4 of the SW % of Section 5, Township 20 North, Range 5 East ® Additional legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 0520053052,0520053053,0520052039,0520056015,0520056022,0520053028 ❑ Assessor Tax # not yet assigned $ald dou#y*nt(&) war* %d br rand by Pacific NontpoW This as aapommodaWon or*. It hm not been MbMin" ac to pfopor W* fliDn or an b he dtrot tq" tft. t39 ORDINANCE NO. 6076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF THE NORTH 30 FEET OF PARCELS 0520053052 AND 0520053053 LOCATED NEAR LAKE TAPPS PARKWAY EAST WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-02-06 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 Qwest and comments were received; and WHEREAS, Resolution No. 4120 calling for a public hearing was approved December 18, 2006; 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 January 16, 2007; and WHEREAS, the applicant has agreed to meet certain conditions; and WHEREAS, the street property was acquired by the City through annexation from Pierce County who reserved it in a County Treasurer's Deed August 16, 1943, and has been considered public right-of-way since that time; Ordinance No. 6076 January 9, 2007 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That, the North 30 feet of parcels 0520053052 and 0520053053, located within the City of Auburn, Washington, as depicted on Exhibit "A", and legally described 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. That this vacation shall be effective upon payment to the City of Auburn, within days of the date hereof by the owner or owners of property adjacent thereto and to be benefited by the vacation, in the total amount of Thirteen Thousand One Hundred Fifty-eight and 94/100ths Dollars ($13,158.94). If the above described payment is not made within the time period provided above, this Ordinance shall be null and void. 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 ---------------------------- Ordinance No. 6076 January 9, 2007 Page 2 would have been prepared, proposed, adopted, and approved and ratified 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, and as provided herein. Section 5. Recordation. The City Clerk is directed to record this ordinance with the office of the Pierce County Auditor only after completion 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. INTRODUCED: January 16, 2007 PASSED: January 16, 2007 APP -D: January 16, 2007 1 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6076 January 9, 2007 Page 3 City Attorney PUBLISHED: Ordinance No. 6076 January 9, 2007 Page 4 R.O.W. Vacation V-02-06 0 300FT 600FT SCALE: 1 INCH = 300 FT LEGAL DESCRIPTION THE NORTH 30 FEET OF THE NORTHEAST . QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN AUBURN, PIERCE COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 9907090701. EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200407150689. 1:\Lakeland-East\28377\Docs-Reports\Legal\Stamped\28377_MFG_101006 Exhibit B.doc J*b