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Home My WebLink About6311pau6!sse ;aA ;ou # xei Jossassy ❑ SS000171781. Z806901 381. `0800014'8 617 `SL000:178 617 aegwnN ;unoaob/laoIed xe1 Apadoad s,aossessy ;uawnaop jog a6ed uo s! Oa! Ieuo!1!ppy wngny uogippy s,a6ue1 `£ )ooiq `Z pue 6 Aq gpou aye uo 6uipunoq 'y }pine 96 6uiAeq /cane 4o uopod �eyl (a6uei 'digsunnol 'uoipas Jo lead 'Noon `joi .a ! :paieiAaJgge) uoi ;diaosea 1e6ei }o!Jls!a loog3S wngny • 6 (lsJg aweu lsei) :Aaepueuo9Jeeu6issd /ea ;ueJO }o A413 'wngny (sIemui pue aweu ;sail uay} aweu lsei) (s)aamoaaog /(s)ao;ueJO ;uawnoop ;o a6ed uo s# eouaJeJoJ 1euo!PippYG :pasealai Jo pau6isse s;uawnooa ;o (s)aagwnN eoueJejo KNP �'1! 111S'3N1H1210N O1A1Otld (66£9 aoueuipJO) uoi;eoeA :(uieiegj pauiejuoo suogoesuea; Jo) (s)ei ;il ;uawnooa I� i 133HS 213A03 5M3a21O3321 WI ' AINf100 9NI)I OZ :ZI OIOZ /LZ /L0 00'69 a21081II MNIDIdIMtld 11111111111/11 60086 VM `wngny •iS uieW 3sOM SZ wngny !o '1!3 >pann'4!3 wngny :ssaJppy wn}aj ORDINANCE NO. 6311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT -OF -WAY OF THE REMAINING PORTION OF ALLEY LOCATED EAST OF E STREET NE BETWEEN 3RD STREET NE AND 4TH STREET NE WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington, has received a petition by not less than two- thirds (2/3) of the owners of property adjacent to the remaining portion of alley located east of E Street NE between 3rd Street NE and 4th Street NE, within the City of Auburn, Washington, requesting vacation of the same; and WHEREAS, the City Council of the City of Auburn, Washington, has, after a review of its needs for streets and right -of -ways in the vicinity of the remaining portion of alley located east of E Street NE between 3":1 Street NE and 4th Street NE, within the City of Auburn, 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 19th day of July, 2010, at the Auburn City Council Chambers in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non - codified ordinance as follows: Section 1. Vacation. That the right of way located in the vicinity of the Ordinance No. 6311 July 6, 2010 Page 1 of 6 remaining portion of alley located east of E Street NE between VI Street NE and 4th Street NE, located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF ALLEY HAVING 16 FEET IN WIDTH, BOUNDED ON THE NORTH BY LOTS 1 AND 2, BLOCK 3, LANGE'S ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 25 OF PLATS, PAGE 36, IN KING COUNTY, WASHINGTON, AND BOUNDED ON THE SOUTH BY LOTS 7 AND 8 OF SAID PLAT, AND BOUNDED ON THE EAST BY THAT PORTION OF VACATED ALLEY PER ORDINANCE #2515; TOGETHER WITH A 2 FOOT RIGHT -OF -WAY DEDICATION AS RECORDED UNDER KING COUNTY RECORDING NO. 20090814001420, SAID DEDICATION LYING OVER THE NORTH 2 FEET OF SAID LOTS 7 AND 8. CONTAINING 1,732 SQUARE FEET, MORE OR LESS. SUBJECT TO ANY /ALL EASEMENTS OF RECORD and as shown on the survey, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by this reference, the same is hereby vacated and the property lying in said portion of right -of -way 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 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 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 as described above. Ordinance No. 6311 July 6, 2010 Page 2 of 6 The City shall have the absolute right, at times as may be necessary for immediate entry 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 egress 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 within the boundaries of said Easement Area, without the express written consent of the City. With City permission, owners . of the adjacent - property may fence across said Easement Area and /or along the boundaries of said Easement Area, provided that a gate is constructed in said fence. Said .gate shall be of sufficient length and location to allow the Grantee full use of and 'access and egress to and from the Easement Area. If said gate is to be locked, "keys shall be provided to 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 Ordinance No. 6311 July 6„ 2010 Page 3of6 of all parties hereto. 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 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 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 aerial 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 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 aerial 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 Ordinance No. 6311 July 6, 2010 Page 4 of 6 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 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. 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. Ordinance No. 6311 July 6, 2010 Page 5 of 6 ATTEST: Danielle E. Daskam, City Clerk APPR ED ORM: INTRODUCED: PASSED: APPR JUL 19 2010 JUL 19 2010 PETER :. LEWIS MAYOR Daniel B. Hei City Attorney PUBLISHED: 7 Ordinance No. 6311 July 6, 2010 Page 6 of 6 i i i 30' EXHIBIT "A" RIGHT —OF —WAY 30' ' VACATION (1732.22 S.F.) 1 52.05' BLOCK 3 LANGE'S ADDITION TO AUBURN VOLUME 25, PAGE 36 2 47.00' t °3 I � I 6,93'19'19" I Rad =9.00' rArc= 14.66' 40.42' 44.09 8 50.00' 2' RIGHT —OF —WAY DEDICATION REC. NO. 20090814001420 3 47.00' J VACATED PORTION OF -o ALLEY ORD. #2515 50.00' S00'01 '05 "E 2.00' I -1 I in Q I 0) • I O CI rn~ I� Io 7 01 N 1 6 1- 1^ OI OCL. I raj I I b la IZ 50.02' (CALL) 50' (PLAT) 9' RADIUS RIGHT —OF —WAY DEDICATION REC. NO. 20090814001419 Ordinance No. 6311 July 6, 2010 W0719 -4B SCALE: 1"=30' O S89'59'44" W 231.82' (MEAS) 231.73' (PLAT) 3RD STREET N.E. 50.02' (CALC) 50' (PLAT) L 0