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Home My WebLink About6350 , Return Address: 201104080~ 1478 PACIFI Auburn City Clerk aacE-ee1 oF eie _ City of Auburn e4/e8/2e11 ie:ee KING COUNTY, WA 25 West Main St. - - - Auburn, WA 98001 RECORDER'S COVER SHEET . Document Title(s) (or transactions contained therein): Vacation (Ordinance No. 6350) Reference Numbee(s) ofi Documents assigned or released: CAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Benefciary: (Last name frst) So-`;~ ~~-xurr*-vnt~sP w~~,- ff~ fot 1. Aubum School District r`c~"'i 3 T"je Pm ; 43 n.A va-'r 2. ~~~~A erht8upor'ime Legal Description (abbreviated: i.e: lot, block, plat or section, township, range) 7~, Additional legal is on page3 of document. Z5 Assessor's Property Tax Parcel/Account Number 4484400075, 4184400.055, 1821059082, 4184400145, 4184400150, 4184400155, 4184400160,418440017Q 4184400180 ~ Assessor Tax # not yet assigned , ORDINANCE NO. 6350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF 3RD - STREET NE BEIINEEN 2ND STREET NE AND 41-" STREET NE; EAST OF E STREET NE, WITHIN THE CITY OF AUBURN; WASHINGTON - WHEREAS, the City of Aubum, Washingfon, has received a petition by not less than finro-thirds (2/3) of the owners of property adjacent to right-of-way located at 3"d Street NE between 2"d Street NE and 4"'. Street NE, east of E Street NE within the City of .<Aubum, Washington, requesting vacation of the same; and WHEREAS, the City Council of the City of Aubum, Washington, has, after a review of its needs for streets and right-of-ways in the vicinity of 3'd Street NE between 2"d Sfireet . NE and Street NE, east of E Street NE within the City of Aubum, Washington, determined that consideration should be given to the vacation of the same; and WHEREAS; a public hearing was held in connection with the possible vacation, - with notice having been provided pursuant to statute; and , ' WHEREAS, the City Council of the City of Auburn, Washington, has considered all matters presented at the public hearing on the proposed vacation, held on the 4th day of: April, 2011, at the Auburn City Council Chambers in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAW as a non-codified ordinance as follows: Section 1. Vacation. That the right of way located-,3"d Street NE between 2"d Street NE and Street NE, east of E Street NE, located within the City of Aubum, Ordinance No 6350 February 4, 2011 Page 1 of 7 . , Washington, legally described as follows: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 5, LANGE'S FIRST ADDITION TO AUBURN, ACCORDIIVG TO THE PLAT THEREOF RECORDED IN VOLUME 25 OF PLATS, PAGE 36, IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, SAID POINT BEING ON THE EASTERLY LINE OF "E" STREET N.E. AND ON THE SOUTHERLY LINE OF 3RD STREET N.E.; THENCE NORTH 00°51'20" EAST A DISTANCE OF 28.30 FEET; THENCE NORTH 00°50'02n EAST A DISTANCE OF 41.34 FEET TO A POINT OF CUSP AND ON A CURVE CONCAVE TO THE NORTHEAST HAVING A REDIUS OF 9.00 FEET AND A CENTRAL ANGLE OF 93°19'19", SAID POINT ALSO BEING THE MOST NORTHERLY POINT OF A 9 FOOT RADIUS RIGHT- OF-WAY DEDICATION RECORDED UNDER KING COUNTY RECORDING NO. 20090814001419; THENCE SOUTHERLY, SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE AND SAID DEDICATION A DISTANCE OF 14.66 FEET TO A POINT ON THE SOUTH LINE OF PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. 09-0004, AS RECORDED UNDER KING COUNTY RECORDING NO. 20091006900001; THENCE NORTH 87°30'39n EAST TANGENT TO SAID CURVE AND ALONG THE SOUTH LINE OF SAID PARCEL A AND ALONG THE SOUTH LINE OF BLOCK 3 OF SAID LANGE'S ADDITION EXTENDED EAST A DISTANCE OF 306.21 FEET TO THE WESTERLY LINE OF VACATED 3RD STREET.N.E., AS VACATED BY ORDINANCE NO. 4208 RECORDED JULY 27, 1987, UNDER RECORDING NO. 8707270930; THENCE SOUTH 02`28'49" EAST ALONG THE WEST LINE OF SAID VACATION ORDINRNCE A DISTANCE OF 60.00 FEET TO THE- NORTHEAST CORNER OF LOT 8, BLOCK 5, OF SAID LANGE'S ADDITION; THENCE SOUTH 87'30'39° WEST ALONG THE NORTH LINE OF SAID BLOCK 5 A DISTANCE OF 319:23 FEET TO THE BEGINNING CONTAINING 19,068.8 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY/ALL EASEMENTS OF RECORD. Ordinance No 6350 February 4, 2011 Page 2 of 7 and as sliown on the survey, a copy of which is attached hereto, marked Exhibit "B" and , incorporafed herein by this reference, the same is hereby vacated and the property lying . in said portion of right-of-way described hereinabove, shall be retumed and belong to those persons entified to receive the property in accordance with RCW 35.79.040, conditioned upon the following: A. Reservation in favor of the City a perpetual Nonexclusive Easement under, over, through and across the vacated right-of-way as described above for the purpose of 'laying, maintaining, and installing future and existing sanitary sewer and water facilities, including a reservation in favor of the City of the right to grant easement"s for utilities over, under and on the vacated right-of-way as described above. The City shall have the absolute right, at times as may be necessary for immediate enfry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. The City shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the City. The owners of the adjacent property agree and shall not in any way block, restrict or.impede access and egtess to or from said Easement Area, and /or in any way block, restrict or impede full use of the real property within the Easement Area by the City for the above described purposes. No building, wall, rockery, fence, trees, or , structure of any kind shall be erected or planted, nor shall any fill material be placed Ordinance No 6350 February 4,.2011 Page 3 of 7 within the boundaries of said Easement Area, without the express written consent of the City. No excavation shall be made within three feet of said facilities and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns ~ of all parties hereto. B. Under the terms of the reservation set out in Paragraph A above, the City hereby reserves in favor of the Public a perpetual Nonexclusive Access Easement under, oyer, through and across the vacated right-of-way as described above for the purposes of pedestrian, vehicular; emergency, individual adjacent parcel access and adjacent private property access over, under and upon the vacated right-of-way. No ' building, wall, rockery, fence, trees, or structure of any kind shall be erected or planted, nor shall any fll material be placed within the boundaries of said Easement Area, without the express written consent of the City. The owners of the adjacent property agree not to erect any structures on said easement and further agree 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 sef out in Paragraph B above, the City . hereby grants a private utility easement to Puget Sound Energy over, under and upon the vacafed right-of-way for the construction, operation, maintenance, repaic, Ordinance No 6350 February 4, 2011; . Page 4 of 7 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 agree not to place trees or other obstructions on the easement thaf would interfere with the exercise of Grantee's righfs herein. D. It is provided, however, that such reserved or granted utility and access easements as set out in Paragraphs A, B, and C above, may be modified to accommodate a removal, relocation and sitting 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 sitting being paid by said property owners and with the removal, relocation and sitting being done in conformity with applicable standards. E. The storm system shown on the attached map, a copy of which is attached hereto, 'marked as Exhibit "C" and incorporated herein by this reference, shall be surplused and are by this Ordinance transferretl to those,;persons entitled to receive tFie above described vacated property, in consideration of those persons accepting the storm system improvements "as-is," and in further consideration of those persons accepting fuU responsibility for the costs and liability for all fufure maintenance, removal, relocation and siting of said storm catch basins and associated storm lines in connection with any future construction, all of which shall be done in conformity with applicable standards. Section 2. Constitutionalitv orlnvalidity. 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 Ordinance No 6350 February 4, 2011 Page 5 of 7 be affected: Section 3. Implementation. The mayor is hereby authorized to implement such adminisfrative procedures as may be necessary to carry out the directives of this . location. Sectaon 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. Seclion 5. . Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. INTRODUCED: APR 42011 PASSED: APR 4 2011 APPRO 2011 - PETER B. LEWIS , MAYOR ATTEST: . ~ Darnelle E. Daskam, City Clerk AP C VE ' f0 . a ' B. • • .A omey - PUBUSHED: Ordinance No 6350 February 4, 2011 Page 6 of 7 l - _ . _ G/U7I611 W . RIGHT-0F-WAY VACATiON LEGAL DESCRIPTION BEGIPINING AT THE NORTHWE$T CORNER OF LOT 1, BLOCK 5, LANGE'S FIRST , ` ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 25 OF PLATS, PAGE 36, IN THE CITY OF AUBURN, COUNTY OF IQNG, STATE OF WASHINGTON, SAID POIIdT BEING ON THE EASTEFtLYLINE OF "F' STREET N.E,AIdD ON THE 90UTHERLY LINE OF 3RD STREET N.E.; THENCE NORTH 00°51'20" EAST A DISTANCE OF 28.30 FEET; . THENCE NORTH 0005902" EAST A DISTANCE OF 41.34 FEET TO A POINT OF CUSP ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 9.00 FEET AND A CENTRAL ANGLE OF 93019'19", SAID POINT ALSO BEING THE MOST NORTHERLY POINT OF A 9 FOOT RADIUS RIGHT-OF-WAY DEDICATION RECORDED ' UNDER K1NG COUNTY RECORDING NO. 20090814001419; THENCE SOUTHERLY, $OUTHEASTERLYAND EA►STERLYALONG SAID CURVEAND SAID DEDICATION A DISTANCE OF 14.66 FEET TO A POINT ON THE SOUTH UNE OF PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. 09-0004, AS RECORDED UNDER KiNG COUNTY RECORDING NO. 20091006900001; . THENCE NORTH 87030'39" EAST TANGENT TO $AID CURVE AND ALONG THE SOUTH UNE OF SAID PARCEL A AND ALONG THE SOUTH LINE OF BLOCK 3 OF SAID LANGE'S. ADDITION EXTENDED EASTA DISTANCE OF 30621 FEET TO TFiE_ WESTERLY LINE OF. VACATED 3R.D STREET N.E., A$ VACATED BY ORDINANCE NO. 4208 RECORDED JUlY27, 9987, UNDER RECORDMG NO. 8707270930; THENCE SOUTH 02028'49" EAST ALONG THE WEST LINE OF SAID VACATION ' ORDINANCE A DISTANCE OF 80.00 FEET TO THE NORTHEA3T CORNER OF LOT BLOCK 5, OF•$AID LANGE'S ADDITION; ' THENCE SOUTH 87°30'39" WEST ALONG THE NORTH LINE OF MD BLOCK 5 A DISTANCE OF 319.23 FEET TO THE BEGINNING. CONTAINING 19,068.8 $QUARE FEET, MORE OR.LESS. SUBJECT TO ANYlALL EASEMENTS OF RECORD: . . • ~ .,g • ~ • . . . . . o• • A! LA11V . . O1 84 11 . EXHIBIT „B„ BLOCK S BURN LANGV L[7~'s 25~ PA ~ GEAU36 F I PARCEL.A I ~ , ~ BLA N0. 09-0004 ~ APN 418440-0055 1 APN 478440-9082 30 IBSC. N0. 20091008900001l I ~ I APN 418440-0075 1 1 1 g I 5 i 9# waDrus DEDrCnnon► I , i w uNE. yaca~v ~~42~. Zv~ ' r~co~rNC No- ' RlGHT-OF-'WAY I 3RD STREET N.E ORD.,. oi 2oos0814oo1419 ; VACATION ~REc. ao. S~orz7~so b,°~~ 1 93'19:19°~ 1 (19.068.8t S.F.) ~ Rod=9.00 ~ 2 N Arc=14.66' 306.21' ~ o W 15. '39°E 231.82'(MFAS) 231.73' (PU1~ o0 LINT~GLE ! 7 N.E. t, ~ 3RD STREET P.0.~ 319.23' (CALC) 319.21 (PIAT_ t 5 ~ g ~ 7 W 1 1 I 2 4 1 I ~ 1 o I N• ' ~ i ~ I ~ a^D o ~ ~ 1 o I BLOCK 5 I ~ W b ~ ~ ~ ~ ~ ~ I,AIdGT'S ADDITION TO AUBURN ~ ° ► °f I VOLUME 25.~ PAGE 96 00 ao cMV APN 418440-01661 APN 418440-0170 1 I, z Z ~ z ~ ~ I I I Q ~ Q N 30r _ - 1 SCALE: 1" - 60' ~BASIS OF BEARING: THE CENTERUNE OF °r ST; N.E. FROM 3RD ST. N_E TO 4TFi ST. N.E., BEING NORTH OOr50'02" EAST PER CITIf OF AUBURN SURVEY CONTROL, NAD 83=91 ' WA$HINGTON NORTH ZOME. LEGENO: ~ . ~ FOUNO CONCRETE MONUMENT IN CASE W/ B.D. 7540- FOUND LEAD & ' TACK ❑ FOUND WOOD HUB IN ASPHALT PATCH p . . . q ,a.~ ~ai 3~u:;t . y P y aj ~ rt1. c um~~~' I w ~Auburn Z Schoolf . ? `y.:`~~` ~ n„'`3~a~z ;ii~~r~~~~ j ~ 3q~... i~~~?~~'. e .H..a ,Distnctra'vAfr~~ ~J-i ttir e DJ-ln~; ~ . ~ 1821059082 O W 4184400075 Auburn School District Unnamed Catch Basin ~ ~l t ! l } ~t ~ 709-8901 W 4184400170 Z ~ Aubum 4184400160 ~3 ir ~ f Rr l p O Di trct Aubum Aubum °v ~ .t ~k r~ 3v4 ~ o} ~ School School , I' I Distnct ~ District W LO Aubum 4 ~7 tw. ~ N ai . Chool ~ - A~ Au District SC Dis 0 ~$~~50'~' ~ 1~OOr 3t '.~,:f;, CA~ Ft~=+1`OO,h # F Auburn School District cmoF - Proposed Right-of-Way Vacation Area ~ Building Vacation #V1-10 3rd St NE ~ WASHINGTON EXF1iL)It °C" Privately Owned Parcel - Storm Sewer