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HomeMy WebLinkAbout6576 ZZ1 �� 0)763 MERICAN )// 1111111 1111 111 11 11111 11 Return Address: 20160219001299 Auburn CityClerk FIRST AMERICAN ORD 80.00 PAGE-001 OF 008 City of Auburn KING9COUNTY, W0A9 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Ordinance No. 6576 — Right of Way Vacation Reference Number(s) of Documents Additional reference#'s on page . of document Grantor(s)/Borrower(s),(Last name first, then first name and initials) .: Grantee/Assignee/Beneficiary:ei.?-1-Li 6i) Pht.40 iitmg (Last name first) ". !an ec rn f� rec,�.°w e�an�ecornmocW‘crri it s , not beAn tta,6«we } 4s R' b( �'�, pwr �: t on of s ipo Ate** Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) 2/ 21/4 SeC- i. a, ticxn„ns h,p ?,,k N or4.h 2 i V.tn�j .( X❑Additional legal is on page 2 & 6 of document. Assessor's Property Tax Parcel/Account Number D.R L-1 _ LiLictc( 0 Assessor Tax#not yet assigned ORDINANCE NO. 6_5 7 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF 64TH AVENUE SOUTH, SOUTH OF SOUTH 300TH STREET, 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 south 137.85 feet of 64th Avenue South, south of South 300th Street, 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 south 137.85 feet of 64th Avenue South, south of South 300th Street 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 4th day of January, 2016, 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 south 137.85 feet of 64th Avenue South, south of South 300th Street, located within the City of Auburn, Washington, legally described as follows:. Ordinance No. 6576 ROW Vacation V2-15 October 14, 2015 Page 1 of 5 That portion of the north half of the northwest quarter of the southeast quarter of the southeast quarter of Section 2, Township 21 North, Range 4 East, W.M., in King County, Washington described as follows; Commencing at the northwest corner of said subdivsion; thence N89°52'01"E, along the north line thereof, 30.01 feet to the east line of the west 30.00 feet of said subdivision; thence S00°58'36"W, along said east line 190.89 feet to the POINT OF BEGINNING of the herein described tract; thence continuing S00°58'36"W, along said east line, 137.85 feet to the south line of said subdivsion; thence S89°48'39"W, along said south line, 30.01 feet to the west line of said subdivision; thence N00°58'36"E, along said west line 137.66 feet; thence N89°48'39"E 18.33 feet to a point of tangency with a 358.00 foot radius curve to the left; thence easterly along said curve, through a central angle of 01°52'12" a distance if 11.68 feet to the to THE POINT OF BEGINNING. Contains 4,131± square feet, (1.0948±acres) [Also identified as Exhibit A hereto.] 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 inure and belong to those persons entitled to receive the property in accordance with RCW 35.79.040, conditioned upon the following; A. In accordance with RCW 35.79.030, the City reserves and grants said reservation to Puget Sound Energy and Bonneville Power Administration (collectively "Grantees"), a non-exclusive easements for access over, under and on the all portions of the vacated right-of-way as described above, subject to the following: 1. The developers of Wyncrest Division II and owners of the adjacent Ordinance No. 6576 ROW Vacation V2-15 October 14, 2015 Page2of5 property 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 Grantees for the above described purposes. 2. 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 Grantees. No excavation shall be made within Easement Area and the surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing. 3. 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. The easements as set out in Paragraph A above, shall automatically expire and shall be extinguished upon recordation and construction of an alternate access easement to each of the Grantees. C. In accordance with RCW 35.79.0360 and ACC 12.48.085, compensation to the City of Auburn, shall be made by the owner or owners of property adjacent thereto in the total amount of Twenty Thousand Seven Hundred ($20,700.00) Dollars for the full appraised value of the right-of-way, which has been right-of-way for more than twenty-five (25) years and for which public funds were expended. The Twenty Thousand Seven Hundred ($20,700.00) Dollars payment shall be made within one- hundred and eighty (180) days of the date hereof Ordinance No. 6576 ROW Vacation V2-15 October 14, 2015 Page 3 of 5 D. This vacation shall be effective upon completion of the provisions in paragraph A through C, above. If the above described provisions are not completed as set forth 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. FIRST READING: JAN "4 2016 SECOND READING: JAN_1 9 2016 PASSED: JAN 1'9 2016 APP + : JAN 1 2016 IF CY AYOR el 161 Ordinance No. 6576 ROW Vacation V2-15 October 14, 2015 Page 4 of 5 ATTEST: 44,,,L ,I,L4,1,,__y Danielle E. Daskam, City Clerk AP- - r• s . • F`I R, A .. iii. Ak IWiel B. Hei•- City Attorney PUBLISHED:?katG.23—dbf42.-4.;. Ordinance No. 6576 ROW Vacation V2-15 October 14, 2015 Page 5 of 5 Exhibit A D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 12072 9/21/15 LEGAL DESCRIPTION: 64TH AVENUE S. RIGHT OF WAY VACATION That portion of the north half of the northwest quarter of the southeast quarter of the southeast quarter of Section 2, Township 21 North,Range 4 East, W.M., in King County, Washington described as follows; Commencing at the northwest corner of said subdivision; thence N89°52'01"E, along the north line thereof, 30.01 feet to the east line of the west 30.00 feet of said subdivision; thence S00°58'36"W, along said east line 190.89 feet to the POINT OF BEGINNING of the herein described tract;thence continuing S00°58'36"W, along said east line, 137.85 feet to the south line of said subdivision;thence S89°48'39"W, along said south line, 30.01 feet to the west line of said subdivision;thence N00°58'36"E, along said west line 137.66 feet; thence N89°48'39"E 18.33 feet to a point of tangency with a 358.00 foot radius curve to the left;thence easterly, along said curve,through a central angle of 01°52'12" a distance of 11.68 feet to THE POINT OF BEGINNING. Contains 4,131±square feet, (0.0948±acres) .) Ass►iii ( AN )0 v ' ::, :giflilf < •.i�l I 555 ' lt Nil,,,. 4� s TE di)N' '"A Lgo -s.:-0 iiii R:1201210112072121Documents1Legals\64th Ave-S ROW-Vacation_12072.doc Exhibit B I I I S. 300TH ST. N. LINE SE. 1/4, SE. 1/4 SEC. 2-21-4 �� L1 NW. CORNER SE. u) 1/4, SE. 1/4 SEC. 2-21-4 '- j N N VW) 0 ZN W L< N d \W LOT 1 * N KING CO. SHORT PLAT NO. \ * z 883127, REC. NO. 8412100260 3 — PARCEL NO. 0221049108 POBN1/4 M UNPLATTED vWi PARCEL NO. 0221049049 . Li L6" \ C1 u.) LLI J PORTION OF 64TH AVE. S. HEREBY "o VACATED J N L4 S. LINE N. 1/2, NW. 1/4, SE. 1/4, SE. 1/4 SEC. 2-21-4 GRAPHIC SCALE UNPLATTED Q 50' 100' PARCEL NO. 0221049180 1 INCH =100 FT. UNE BEARING _ DISTANCE it iziiiAs. 1. tooL1 N 89:52 01"E 30.01' J. ' L2 S00'58'36"W 190.89' of wn; ,ill L3 S00'58'36"W 137 .85' f ,,,tp'w�� t> L4 S89'48 39 W 30.01' L5 N00'58'36"E 137.66' r 4' L6 N89'48'39"E 18.33' 0b ' ' '°' 0 CURVE RADIUS DELTA ANGLE ARC LENGTH \.��` ,,� S T E��� Cl 358.00' 01'52'12" 11.68` i PligrAtIOf 1 COPYRIGHT© 2015, MR. STRONG CONSULTING ENGINEERS INC. �/ ® PROJECT SURVEYOR:SS �p/ V�/NCREST DIVISION II S DRAFTED BY. S6 --- -- - FIELD BOOK:487 64TH AVENUE S. QR WRONG DAM 44745 RIGHT OF WAY VACATION 0010SULEPA7 DIONEERS PROJECT NO.:11072 ENGINEERS PLANNERS SURVEYORS SHEET 1 of 1 EXHIBIT 620?TN AVENUE KYG6Mw,WA M33 CITY OF ...t"--r*�* Interoffice Memorandum "',,1111 Engineering Division * WASHINGTON Date: February 16, 2016 To: Permit Service Dani Daskam, City Clerk From: Amber Price CC: Pablo Para, Transporation Consuelo Rogel, Finance Re: Compensation for ROW Vacation #V2-15 Schneider Family Homes LLC has paid the compensation in the amount of$20,700.00 required for Right- of-Way Vacation#V2-15 per Ordinance No. 6576. Check No. 152338 was received in CRW under Receipt#0584285. All requirements of this ROW Vacation are now complete and Ordinance No.6576 may be recorded. Please let me know if you have any questions. Thank you Amber Price H:1Transportation\ROW\ROW Vacations\20151V2-15 Schneider Homes Inc1V2-15 Compensation Memo 021616.doc AUBURN*MORE THAN YOU IMAGINED Vendor: 04000 CITY OF AUBURN Schneider Family Homes LLC Date: 02/10/2016 No: 152338 INVOICE NUMBER INVOICE DATE DESCRIPTION, • . GROSS,AMOUNT. DISCOUNTS/ADJUST• PAYMENT AMOUNT 013116 01/31/2016 36000 20,700.00 0.00 20,700.00 Auburn Permit Center 1 25 W Main Street Auburn WA 98001-4998 DEPT#: 33 Street Vacation Sale of Right of Way 20,700,00 20,700.00 Permit #: V2-15 SubT to l; 20,700.00-i4 Total: 20,700.00 Check _ 20,700,00 Number : 152338 #05842856/15/305 ************ DUPLICATE #001 ************ 2/16/2016 01:06 • Thank You 20,700.00 0.00 20,700.00 THE'FACE OFsTHIS:D000MEN,T'HAS,7.COLORED:'BACKGROUND;:6.PADLOCK(ICON DISAPPEARS'WITH:HEAT•'FLUORESCENT:FIBERS'AND"OTHER'SECURITY FEATURES 'i'xA x rr: n x it %. `% R;, Ib 'I.-e r$ vzt's Bink � �1` .. :'� x ro,191011250 152338 1 . Schneider Family Homes LLQ Seattle £� x� , 6510 Southcente:r Blvd, Stitte-#1 Tukwila WA 98188 DATE CHECK AMOUNT 02/1d/2016 $*****:20,700. 00** :.PAY a, TWENTY THOUSANDSEVEN HUNDRED'AND 00/100 DOL,T,AR$ , T ': r 9 � r h t {{ r TO TME OIl' ,,o>' AUBURN r 1 t �, �. , IWa6 Olt.rj R .. E T.:MAIN.•STREET; .' :. 25 WS OF AU$URN ;:TSA '98001,. ' t ' °! 5 1 � 1 l �:� r { / / UPYPPFAf II' LS 233811° t: L 2500011051: 5535954 L79700 (,61 ° T , ,. , ,a CO e Seattle ,,.t, ,, ,4, , , .. City of Auburn, Finance Dept City Clerk 25 W Main St Auburn, WA 98001 Re:Advertiser Account# 107302 Agency Account#: 0 Ad#: 616295 Agency Name: Affidavit of Publication STATE OF WASHINGTON Newspaper and Publication Date(s) Counties of King and Snohomish The undersigned, on oath states that he/she is an authorized representative of The Seattle Times Company, publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of Washington. The Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. Seattle Times 01/25/16 The notice, in the exact form annexed,was published in the regular and entire issue of said paper or papers and distrib- uted to its subscribers during all of the said period. Age Sharon Seligman Signatur ":4 `�\C. AlCie l/lei 1.=7/-4,6',A,4?us,� ''�;',,,,-zi-,, uibscrib_ 4.„.., ed and sworn to before me on c\,,,L, j.- Flo ° A D`�inst na Cr McKenna r, - oX Nigi , Notary Public in and for t e St to shington, residing at Seattle itt) ,Itie e, S TA Re:Advertiser Account# 107302 Ad#: 616295 Agency Account#: 0 Agency Name: OAD TEXT RRN ORDDININ ANN CEE HNOO.6576 AN ORDINANCE OF THE CITY COUN- CIL OF THE CITY OF AUBURN WASH- INGTON, VACATING RIGHT,OF-WAY OF 64TH AVENUE SOUTH,:SOUTH OF SOUTH 300TH STREET,WITHIN THE CITY OF AUBURN,WASHINGTON INTRODUCED, PASSED, APPROVED: January 19, 2016 The full text of the above Ordinance, which is summarized in this publication, will be moiled without charge to any per- son who requests the text thereof from the Auburn City Clerk. Published in the Seattle Times January 25,2016. This ordinance is effective five days after publication.