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Home My WebLink About6081Return Address: 20070712000fi43 PACIFIC NW TIT ORD 38.00 Auburn City Clerk O~ciZ0Z0e 00720 Clty Of Auburn KING COUNTY, WA 25 West Main St. - - --- Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Vacation (Ordinance No. 6081) Reference Number(s) of Documents assigned or released: ,~ ~ ~~ ^Additional reference #'s on page of document ~ ~~ W'~~-00 - 1 0~ Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn GranteelAssigneelBeneficiary: (Last name first) 1. Builder of Dreams Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NW %4 of the NW % of the NE %< of Section 31,Township 21 North, Range 5 East ®Additional legal is on page 7 of document. Assessor's Property Tax Parcel/Account Number 3021059357,3121059048 ^ Assessor Tax # not yet assigned `spits c~+K:uat~~~rt~) v+rtaee tiled for racta'd by Pac+fic N~}w~rt Tttl®as ~pommodation mob. It has t+ot ~n e~csiurwd as to props' eKao~~ a11b11s~~~ ORDINANCE N0.6 0 8 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF 41St STREET SE BETWEEN ORAVETZ ROAD AND KENNEDY AVENUE SE WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Vacation Petition No. V-04-06 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. 4161 calling fora public hearing was approved February 19, 2007; and WHEREAS, posting requirements of Auburn City Code 12.48.070 have been met; and WHEREAS, pursuant to Section 35.79.010 of the Revised Code of Washington, a public hearing was held before the City Council on March 19, 2007; and WHEREAS, the applicant has agreed to meet certain conditions; and WHEREAS, the street property was originally reserved as right of way in 1909 and acquired by the City through annexation from King County, and has been considered public right-of-way since that time; Ordinance No. 6081 March 14, 2007 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That 41St Street SE between Oravetz Road and Kennedy Avenue SE, 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 thirty (30) 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 Nine Hundred, Ninety Three Dollars and Eighty-eight Cents ($993.88), which constitutes fifty percent (50%) of the value of the vacated right-of-way. If the above described payment is not made within the time period provided above, this Ordinance shall be null and void. An easement shall be reserved for Puget Sound Energy facilities along the entire length of the vacated right-of-way. A 20-foot easement shall be reserved for future public utilities along the entire length of the vacated right-of-way. ---------------------------- Ordinance No. 6081 March 14, 2007 Page 2 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 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 King County Auditor only after completion of all the conditions set forth in Section 2 of this Ordinance. Ordinance No. 6081 March 14, 2007 Page 3 Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. INTRODUCED: March 19, 2007 PASSED: March 19. 2007 APPROV March 19. 2007 _„ ~ PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk AP FnRM• PUBLISHED: ~~~" Zz , ~~~' 7 Ordinance No. 6081 March 14, 2007 Page 4 EXHIBIT "A" S00'S2'39"W STREET VACATION 20.00'--- North P.O.B. _ _ E. LN., N.W.1/4, N.W.1/4, N.E.1/4, _ ~EC. 31, T-21 N, R-5E. W.M. ~ ~ KENNEDY AVE. S.E. N E. LN., W.640', N.W.1/4, N.W.1/4, N.E.1/4 SEC. 31, T-21 N, R-5E. W.M. u~ z POINT ~ , jco ~?9~~ ~\ \ ~~A~ 3 0000 `083 ~~. ~°~~SB\~ ''` P.O.B. a 93` o ~ qcq ~~~ £CO~~ 0 ~ AO~ N ~ °-i~n RFcOR~~CNgN~F qV ~ `\\~`. UR~Y a$~r \ ~ ~ N~ NoF93,e~9 '~O ,,\`. ~~ 0~289oor M \z22s 46 023 ?4\\ ~\\ U W N d~ W Z J 2 £ 8 ~~ \ ~` ~ ~ ~~ ~ ~ ~~ M ~ ~~ c~D \ \ ~ Z ~~ ~~ W N ~A W ° cV N ~ ~~ ~~ ~ N 3031 2°5$°36 333-2206 Q D~ ~r,E; - Ywo ~ ~ \ti \ \ W~ ~ Z ~ \ ~ N Z ~ Z r- ~' "' GRAPHIC SCALE N w 100 0 50 100 \ (IN FEET) 1 inch = 100 ft. ~ \ _ _W. LN., N_.E.1/4, _ _ SEC. 31, T-21 N, R-5E 1N.M. '", COFIE DEVELOPMENT, LLC 1218 "A" STREET SOUTHEAST, AUBURN, WA. 98002 PHONE No. (206)853-4021 (FAX)253-833-7003 `~`°' CRY OF AUBUF>f~l STREET VACA110N EXHIBIT rte. v-a-os, a>~t s,1~r sF. PEM ~"" 1" = 50' °NC 06330use.dw ~, °"" 21 DEC 'O6 ~' 06330 ~- EXHIBIT "B" STREET VACATION LEGAL DESCRIPTION THOSE PORTIONS OF THE NORTH 20.00 FEET OF THE NORTHWEST QUARTE72 OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHEASTERLY OF THE CORRECTED ALIGNMENT OF ORAVETZ ROAD, DESCRIBED AS FOLLOWS: COMMENCING THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTH 88°51'27" EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31, A DISTANCE OF 2518.52 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE CONTINUING SOUTH 88°51'27" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 415.58 FEET TO THE SOUTHEASTERLY MARGIN OF THE CORRECTED ALIGNMENT OF ORAVETZ ROAD AND TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°51'27" EAST, A DISTANCE OF 71.17 FEET TO THE NORTHWESTERLY MARGIN OF ORAVETZ ROAD AS VACATED BY CITY OF AUBURN ORDINANCE No. 4983 AND TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 25°08'36" WEST ALONG SAID NORTHWESTERLY MARGIN, A DISTANCE OF 21.89 FEET TO THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 88°51'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 70.06 FEET TO SAID SOUTHEASTERLY MARGIN OF THE CORRECTED ALIGNMENT OF ORAVETZ ROAD; THENCE NORTH 22°25'42" EAST ALONG SAID SOUTHEASTERLY MARGIN, A DISTANCE OF 21.46 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREINBEFORE DESCRIBED POINT "A"; THENCE SOUTH 88°51'2T' EAST, A DISTANCE OF 65.68 FEET TO THE SOUTHEASTERLY MARGIN OF ORAVETZ ROAD AS VACATED BY CITY OF AUBURN ORDINANCE No. 4983 AND TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°51'27" EAST, A DISTANCE OF 87.57 FEET TO THE EAST LINE OF THE WEST 640.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 00°52'39" WEST ALONG SAID EAST LINE, A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 88°51'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 96.55 FEET TO THE SOUTHEASTERLY MARGIN OF SAID VACATED ORAVETZ ROAD; THENCE NORTH 25°08'36" EAST ALONG SAID SOUTHEASTERLY MARGIN, A DISTANCE OF 21.89 FEET TO THE POINT OF BEGIIVNING.