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Home My WebLink About6484 � . � . � l�xu ,_..�. .,r�.��.�C�l� V"4� '�� I - - - - I IIA�II�II�IIII�I�IAIIIIIIIIII�I�VIIVIWIIuIII II �I �ullll� 20140221000715 FIRST pMERICRN ORD-RER 80.00 Retum Address: PacE-eei oF ees - 02/21/2014 33:18 Aubum City Clerk K=�C COUNTY, ua City of Aubum 25 West Main St. Aubum, WA 98001 RECORDER'S.COVER SHEET Document Title(s) (or transactions contained therein): Vacation (Ordinance No. 6484) Reference Number(s) of Documents assigned or released: ❑Addittonal reference#'s on page of document Grantor(s)Borrower(s) (Last name first, then first name and initials) Aubum, City of GrdnteelAssigneeBeneficiary: (Last name first) 1. Plan A Development LLC �'rE:r..:::�:�:��::;on rro ianBn.r.n•Fr.:r��,w:�t;rt�ti:�;,;�,n ?.CCURACSA:5U:+L:U�'f F:RSI'?1SLhICAN ... .,, , . ,� Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of the northeast quarter of the southeast quarter of Section 13, Township ' 21 North, Range 4 East WM �Addftional legal is on page 9 of document. Assessor's Properly Tauc Parcel/Account Number 7815700030, 7815700020, 7815700015, 7815700005, 7815700047, 7815700070, 7815700075 ❑Assassor Tax#not yat essigned ORDINANCE NO. 6 4 8 4 AN ORDINANCE OF TME CITY COUNCIL OF THE CITY OF _ AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF THE ALLEY BETWEEN $OUTH DIVISION STREET AND A STREET SE, SOUTH OF EAST MAIN STREET, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Aubum, Washington, fias received a petition by not less than two-thirds (2/3) of the owners of propeRy adjacerrtto right-of-way located at the Alley between South Diyision Street and A Street SE, south of East Main Street, wfthin 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 the Alley beiween South Division Street and A Street SE, south of East Main Street within 4he 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 vaca6on, with no4ice having been provided pursuant to statute; and WHEREAS, the City Council of the City of Aubum, Washington, has considered all matters presented at the public hearing on 4he proposed vacation, held on the 6th day of January, 2014, at the Aubum City Council Ghambers in Aubum, Washington. NOW, THEREFORE, .THE CITY COUNCIL OF THE CITY OF AUBURN, WASIiINGT�N DO ORDAIN as a non-codfied ordinance as follows: Section 7. Vacation. That the right-of-way located at the Alley between South Division Street and A Street SE, south of East'Main Street, located within the Cily of Ordinance No 6484 ROW Vacation V1-13 November 13, 2013 Page 1 of 6 Aubum, 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 1, 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 1, W SAID TOWN OF SLAUGHTER; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 1 TIiROUGH 4, OF SAID BLOCK, NORTH 89°05'41" WEST, 240.60 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 00°56'35" WEST, 20.00 FEET TO THE NORTHWEST CORNER OF LOT 5, OF SAID BLOCK; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK, SOUTH 89°05'41" EAST, 240.68 FEET TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE NORTH 00°42'53" EAST, 20.00 FEET TO THE POINT OF BEGINNING 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 propeRy lying in said portion of right-of-way described hereinabove, shall be retumed and belong to those persons eMitled to receive the properiy in accordance with RCW 3579.040, condfioned upon the following; A. Reservation in favor ofi the City a perpetual Nonexclusive Easement under, over, through and across the Alley portion of the vacated right-of-way as described above for the purpose of laying, maintaining, and installing future and existing Ordinance No 64&4 ROW Vacation V1-13 November 13,2013 Page 2 of 6 I sanitary sewer and water facilities and including a reservation in favor of the City of the right to grant easements for utilities over, under and on the all portions of the vacated righY-of-way as described above. The Ciry shall have the absolute right; at times as may be necessary for immediate entry upon said Easement Area forthe purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurcing any legal obligation or liability therefore. The City shall have the absolute right to place any type of driVing surtace within said Easement Area deemed necessary bythe 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. 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 curzently 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. Ordinance No 6484 ROVN Vacation V1-13 November 13, 2013 Page 8 of 6 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 Easemerrt. under; over, 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 fill 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 easemen4 and further agree not to place trees or other obstructions on the easement 4hat would interfere with the exercise of Grantee's rights.herein. C. Under the terms ofthe reservation set out in Paragraph A above, the Cit�i hereby grants a private utility easement to Puget Sound Energy over, under and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of gas and electric distribution facilities. The owners of the adjaceM property agree not to erect any structures on said easement and further agree not to place trees or other obstructions on the easemerrt 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 Cable Corporation over, under and upon the vacated right-of-way as described above for the construction, operation, Ordinance No 6484 ROW Vacation V1-13 November 13, 2013 Page 4 of 6 maintenance, repair, replacement, improvement, removal and enlargement of existing facilities. The owners of the adjacent properly 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. E. Under the terms of the reservation set out in Paragraph A above, the City hereby grants a priyate utility easement to CenturyLink over, under and upon the vacated right-of-way as described above 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 firrther agree not to place trees or other obstructions on the easement that would interFere with the exercise of Grantee's rights herein. F. It is provided, however, that such reserved or granted utility and access easements as set out in Paragraphs A, B, C, D and E 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. Constitutionalitv or Irrvalidifir. 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. ------------ ----- Ordinance No 6484 ROW Vacation V1-13 November 13, 2013 Page 5 of 6 Section 3. Imalementation. The mayor is hereby authorized to implement such administrative prooedures as may be necessary to qrry out the directives of this location. Section 4. EffectiVe Date. This Ordinance shall take effect and be in force five (5) days from and aiterpassage, 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 AucJitor. INTRODUCED: JAN 8 2014 PASSED: JAN 6 2014 APPROVED: JAN 8 2014 CY KU R ATTEST: � �� Da iel�kam, City Clerk AP V FO aniel B. : City Attomey � PUBLISHED: �//� � ,�a.�; r_.�,..�.� ----------------- Ordinance No 6484 ROW Vacation V1-13 November 13, 2013 Page 6 of 6 E�1T sl�� ►SI'iFt�T'i' 1 �F 2 � �� s�o�r�a.'aus3 N 89V4'01' W �� ' 300.00' I�EAS. — � � �' 240.12' CALC. � ar�(2�0.�'aun �' �� ;� �3 '� 1 �� . =� Ny P.O.Q �?� �� `� S.E. CORN °f d 3 LOi 1, BLOpC 1. '� W �r�, N 89ro5�4�� W �40.6�� n nc� . $� N �� N� y S 89'OS'41' E 240.68' $ 3 = p CS � W � � O v� � � �� o iZ -� 1 ; �°�' vp y O` � `� O N 2 �. 30' ''� 24'�1.1�6' CAI��n(2�0.��p � — l�Jl �9aJL�IG�iJL •� �r � S 8967'20' E 301.28' MEAS. (aoaioo'aup ��. ��Z� s i S[JitN$YINH INC. q T'sco►u�a l�ii GRAPHIC SCALE 'a r'0 0 2S �1� OFPIC6 269-404-0989 FAX 263-404—Q984 . . A a A •. �C1. � 6O �� m4BUC110M Yf00!-�OGIIYRf YU 10iWYlm.'�Ni1�R 1 {l V �0 8 REV 10/8/13, BY SDO IOB NO. ZO12-062 Ordinance No.8484 Exhibit A November 73,2013 . � � , _ _ _. _ _ _ _ _ F�Q�1T B' �E�EI' 2 OP' 2 THAT.PORTION OF iHE NORTHEAST OUARTER OF THE SOUTHEAST QUARTER OF SfCT10N_j3, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WA9iINGTON BE7NG THE EAST—WEST ALLEY'LOCATED IN BLOq( i, � TOWN OF SLAUqiiER, ACWRDING TO 1FIE,PLAT THEREOF RECORDED IN VOLUb1E 2 OF PLATS, AT PAGE 56, RECORDS OF KING COUNTY, I WASHINGTON, NORE PARTICULARLY. DESCRIBED AS fOLLOWS: �qNNING AT iHE SOUTHEAST CORNER_ OF l0T 1, BLOCK 1, IN SAID TOWN ' OF SLAUGHIER; THENCE WE5iER1.Y AL�IG THE SOUTH UNE OF LOTS 1 THROUGH 4, OF SAID BIOCK, NORTH 89'OS'41" WEST, 240.60 FEET TO iNE SOU7HwEST CORNER OF SAID LOT 4; THENCE SOUTH 00'S6'35" WEST, Z0.00 FEET TO THE NORTHWEST CORNER OF LOT 5, OF 5lUD BLOCK; THENCE , EASTERLY ALONG THE NORTH UNE OF LOTS 5 1HROUGH B OF SAID BLOp(, SOUTH 89'05'41" EAST, 240.68 FEET TO THE NORTHEAST CORNER OF SAID ! LOT 8; THENCE NORTH 00'42'S3" EAST, 20.00 FEET TO THE POINT OF BEGINNING. atr�a,xor ro� c�n aur�awoaxr �� 8A9!1NII19��' �£r.o�, _ � G4D If6WI1KNi N07 A PARi Of INIS 91R1£y � � Der�� s ---- ,�.r. s . numnuuu . . A9 �7C�l�YrY . . ��H� �L': „ ,� � P. 0. BOY 1(0700 . TACOIG MA. 98111 ' . .'..,9... m� ��CE 289-40��= 98� . �� . menurnmr�umr-em�m�e�um+mem�mme �0 S�s JOB NO. 20122-062 Ord'ure�e No:8484 ExhiDft B November 13,2013