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Home My WebLink About6511 FMST AMERICAN ) 20140811000527 FIRST AMERICAN ORD 80.00 PAGE-001 of 009 Return Address: KINGICOUNTY, WA7 Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Ordinance 6511 -- v �,q r��n� ;� .,•.°,:,,�.. '. . "<.._. ..,, °r;;", ';.f :a r •._. .a.Y;":''v:Aw�':tai', i s'A Reference Number(s) of Documents ❑Additional reference Xs on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. "VV, Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE13, 21 n,4 E 3 X❑Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 7815700295, 7815700290 and 7815700280, 7815700300, 7815700305, 7815700310 and 7815700325 ❑Assessor Tax#not yet assigned ORDINANCE NO. 6 5 1 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF THE ALLEY BETWEEN SOUTH DIVISION STREET AND A STREET SE, SOUTH OF 1ST STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington ("City"), has received a petition by not less than two-thirds (2/3) of the owners of property adjacent to right-of-way located at the Alley between South Division Street and A Street SE, south of 1St Street SE, within the City requesting vacation of the same; and WHEREAS, the City Council of the City of Auburn, Washington ("City Council"), has, after a review of its needs for streets and right-of-ways in the vicinity of the Alley between South Division Street and A Street SE, south of 1St Street SE within the City, 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 has considered all matters presented at the public hearing on the proposed vacation, held on the 21st day of July, 2014, 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 at the Alley between South Division Street and A Street SE, south of 1St Street SE, located within the City of - - - - - - - - - - - - - - - - - Ordinance No. 6511 ROW Vacation V3-14 April 29, 2014 Page 1 of 6 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, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 6, TOWN OF SLAUGHTER ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON (ALSO KNOWN AS THE SOUTHEAST CORNER OF PARCEL B, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0003-95, RECORDED UNDER RECORDING NUMBER 9502160960, RECORDS OF KING COUNTY, WASHINGTON); THENCE SOUTH 00 055'43" WEST, A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF LOT 8 OF SAID BLOCK 6; THENCE NORTH 89 008'16" WEST, ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK 6 A DISTANCE OF 239.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE NORTH 00 056'21" EAST, A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID BLOCK 6; THENCE SOUTH 89 008'16" EAST, ALONG THE SOUTH LINE OF LOTS 1 THROUGH 4 OF SAID BLOCK 6 A DISTANCE OF 239.99 FEET TO THE POINT OF BEGINNING. and as shown on the survey, a copy of which is attached hereto, marked Exhibit "B" 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 RCW 35.79.040, conditioned upon the following; - - - - - - - - - - - - - - - - - Ordinance No. 6511 ROW Vacation V3-14 April 29, 2014 Page 2 of 6 A. Reservation in favor of 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 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 right-of-way as described above. 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. 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. - - - - - - - - - - - - - - - - - Ordinance No. 6511 ROW Vacation V3-14 April 29, 2014 Page 3 of 6 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 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 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 Comcast Cable Corporation 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 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 Qwest Corporation d/b/a CenturyLink QC and its successors over, under and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement, - - - - - - - - - - - - - - - - - Ordinance No. 6511 ROW Vacation V3-14 April 29, 2014 Page 4 of 6 removal and enlargement of existing 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. E. It is provided, however, that such reserved or granted utility and access 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. 6511 ROW Vacation V3-14 April 29, 2014 Page 5 of 6 INTRODUCED: JUL 21 2014 PASSED: JUL 21 2014 APPROVED: JUL 21 2014 14ANCY B S MAYO ATTEST: kA4:��e LL��- Danielle E. Daskam, City Clerk APPROV A ORM: ni , City Attorney PUBLISHED:S_,�, �ky - - - - - - - - - - - - - - - - - Ordinance No. 6511 ROW Vacation V3-14 April 29, 2014 Page 6 of 6 EXHIBIT A LEGAL DESCRIPTION (ALLEY VACATION) 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, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 6, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON (ALSO KNOWN AS THE SOUTHEAST CORNER OF PARCEL B, CITY OF AUBURN LOT LINE ADJUSTMENT NO. LLA-0003-95, RECORDED UNDER RECORDING NUMBER 9502160960,RECORDS OF KING COUNTY,WASHINGTON), THENCE SOUTH 00°55'43"WEST,A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF LOT 8 OF SAID BLOCK 6; THENCE NORTH 89°08'16" WEST, ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK 6 A DISTANCE OF 239.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE NORTH 00°56'21" EAST,A DISTANCE OF 20.00 FEET TO THE SOUTHWEST CORNER OF LOT 4 OF SAID BLOCK 6; THENCE SOUTH 89°08'16" EAST, ALONG THE SOUTH LINE OF LOTS 1 THROUGH 4 OF SAID BLOCK 6 A DISTANCE OF 239.99 FEET TO THE POINT OF BEGINNING B. 0� WAS L �M iooIs L LA41� Project:Teutsch Partners,LLC March 27,2014 16840exh01.dwg 16840L.001.doc OBH Resolution 5073 EXHIBIT B MAP EXHIBIT FOR ALLEY VACATION _ S89'08'20"E 299.96' % 1ST STREET BE � o M i I 30 N 30' I ,�„ c°�i 8�0��UGHSER 1�A 0 65960 0 OF S 56 p 95p2 9 w W 3 SOW L. 2, PC' ?PRG�� Pp�GF Uj J cv 4 3 2 1 M = b a P P NO2g5 pP.NO�90 8 g10' NP N0280 LO C) 3 tn1615�0� ,g1570. T 0265 �6�5j0� o N I o P.0.B. LO N M y° �- S89'08'1 6"E 239.99' "' a 3 ALLEY TO BE VACATED s(` N89'08'1 6W 239.99' 8 L A.P.N. 1p N ° N I Co N 5 6 7 781570-0325 LO z 15 O'03p0 g15?NO3p5 6�51°�0�'10 0'tk n E i= a� 30' pP.NO3�T o 7615-70- 30' I ; 0 0 U 2ND STREET BE M / N89'08'12"W 300.02' o 0 cxi 0 ro 3��•��E WAS � o / v a p o 5 y 40016 a �� o DArk ONq L ANA S c SIGNED a ai PTN. NE1/4, SE1/4 SEC. 13, T21N, R4E, W.M. i< SCALE: For: JOB NUMBER HORIZONTAL 1'=6 0' VERTICAL N/A 16840 GHAV 18215 72ND AVENUE SOUTH TEUTSCH PARTNERS, LLC KENT, WA 98032 16840L 00 1.DOC 425)251-6222 _ 4253251-8782 FAX Title: SHEET A CIVIL ENGINEERING, LANG ALLEY VACATION 7nAOE?lG � ENVIROINMEN ALSERVICES of 1 DRAWN DATE Resolution 5073