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Home My WebLink About6193 f l - I . I . ' I 20080912001319 R@tURt AdCIrBSS: PACIFIC NN TIT MISC 49.00 Aubum Ci GI2r1C PAGE001 OF 008 ~Y e9i12i2ee8 15:47 C4 Of AUbUfn KING COUNTY, WA 25 West Main St. Auburn, WA 98001 . . , RECORDER'S COVER SHEET Document Title(s) (or fransactions contained therein): • - GqQ Vacation (Ordinance No. 6193) + sY MMfT. ' Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name frst, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. City of Aubum . . Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Thatportion of the northeast quarterof the_ southeast quarter of Section 13, T1NP 21 N, Range 4 E : 0 Additional legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number 7815700115 Smeaooumec%st wwe maa 7815700110 ter record by Pacnic ++r«nn,rem riie 781570.0095 6=01Mm~Awi a;y_ n has nei ,7815700085, dMPW eWa*@a OW 7815700120 ~~'►~~`~~nn~s. 78157001350 assessor 7ax # not yet assigned ORDINANCE NO. 6193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF THE ALLEY SOUTH OF WEST MAIN STREET BETWEEN A STREET SW AND SOUTH DIVISION STREET WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right-of-ways located in the vicinity of the alley south of West Main Street between A Street SW and South Division Street, that a portion of City right-of-way acquired by the city through a Plat Dedication on February 23, 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, Qwest, Comcast, and City Departments and comments were received; and WHEREAS, Resolution No. 4371 calling for a public hearing was approved July 7, 2008; 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 4, 2008; and WHEREAS, through this process, the City has determined that it no longer needs the alley south of West Main Street between A Street SW and South Division Street, in the City of Auburn, Washington; and ----------------- Ordinance No. 6193 July 22, 2008 1 of 6 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 alley located south of West Main Street between A Street SW and 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 THE EAST-WEST ALLEY LOCATED IN BLOCK 2, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, AT PAGE 56, RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 BLOCK 2, IN SAID TOWN OF SLAUGHTER; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 1 THROUGH 4 OF SAID BLOCK 2 A DISTANCE OF 240 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTHERLY A DISTANCE OF 20 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK 2 A DISTANCE OF 240 FEET TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE NORTHERLY A DISTANCE OF 20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. and as shown on the document attached hereto, marked as Exhibit "A" and incorporated ----------------- Ordinance No. 6193 July 22, 2008 2 of 6 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 utility easements over, under and on the vacated right-of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of City water, sewer and electrical facilities, 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. 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 interfere with the exercise of Grantee's rights herein. B. Under the terms of the reservation set out in Paragraph A 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 existing 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 interfere with the exercise of Grantee's rights herein. C. Under the terms of the reservation set out in Paragraph A above, the City hereby grants a private utility easement to Qwest over, under and upon the vacated right- of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of existing facilities. The owners of the adjacent property agree ----------------- Ordinance No. 6193 July 22, 2008 3of6 not to erect any structures 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. D. Under the terms of the reservation set out in Paragraph A above, the City hereby grants a private utility easement to Comcast over, under and upon the vacated right-of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of existing 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 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, relocations and siting being paid by said property owners and with the removal, relocation and siting being done in conformity with applicable standards. F. Payment to the City of Auburn, shall be made by the owner or owners of property adjacent thereto and to be benefited by the vacation, in the total amount of Ninety-Five Thousand Six-Hundred Seventy-Four ($95,674.00) dollars, which amount corresponds to the amount negotiated by the City and adjacent property owners or interest-holders in a separate agreement, based on City ownership and non-City ownership of adjacent property. ----------------- Ordinance No. 6193 July 22, 2008 4of6 G. This vacation shall be effective upon completion of said provisions in paragraphs A, B, C, D, E, and F within one-hundred and eighty (180) days of the date hereof, and that this Ordinance shall be in full force and effect five (5) days after publication is required by law. If the above described provisions are not completed within the time period provided above, this Ordinance shall be null and void. 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 provisions 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. Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. INTRODUCED: AUG 4 2008 PASSED: AUG 4 2008 APPR D: AUG 4 7nn8 PETER B. LEWIS MAYOR ----------------- Ordinance No. 6193 July 22, 2008 5of6 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED: ----------------- Ordinance No. 6193 July 22, 2008 6of6 co m r CO O Z a> U c m c O Go or L CD y I C O C A O H i? u d ? ' d d H 3 ++ I o? ? or O L 1 +? ? y s -°D a C Oi d % 30 Q +b % .Q ? .C 0? W Q a e 40 d? Ta kk w d L y C d N d W }aa.??S uOISIMQ 4:.nOS pot U 2 r MS