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Home My WebLink About6729 ORDINANCE NO. 6729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, VACATING RIGHT-OF-WAY OF 130TH AVENUE SE, BETWEEN SE 304TH STREET AND SE 302ND PLACE, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington ("City"), received a petition signed by at least two-thirds (2/3) of the owners of property abutting the right-of-way located at 130th Avenue SE, between SE 304th Street and SE 302"d Place, within the City of Auburn, requesting vacation of the right-of-way; and, WHEREAS, as required by Chapter 12.48 of the Auburn City Code, 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 7th day of October, 2019, 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 unopened right-of-way located at 130th Avenue SE between SE 304th Street and SE 302nd Place, located within the City of Auburn, Washington, legally described as follows: A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 1 of 5 SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF 130TH AVENUE SOUTHEAST, BEING A RIGHT OF WAY 30 FEET IN WIDTH ACCORDING TO THE PLAT OF VINTAGE HILLS DIVISION V, AS RECORDED IN VOLUME 199 OF PLATS AT PAGES 94-98, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE SOUTHERLY MARGIN OF SOUTHEAST 302ND PLAVE AND LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET. CONTINING 12,490 SQUARE FEET MORE OR LESS. [Also identified as Exhibit "A".] and shown on the survey, a copy of which is attached, marked Exhibit "B", is vacated and the property lying in the right-of-way described, shall inure and belong to those persons entitled 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 water facilities, including a reservation in favor of the City of the right to grant easements for utilities over, under and on all portions of the vacated right-of-way described above. The City shall have the absolute right, at times as may be necessary for immediate entry upon the Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 2 of 5 legal obligation or liability therefore. The City shall have the absolute right to place any type of driving surface within the Easement Area deemed necessary by the City. The owners of the adjacent property agree that they shall not in any way block, restrict or impede access and egress to or from the Easement Area, 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, of structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of the Easement Area, without the express written consent of the City. No excavation shall be made within three feet of the 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 shall burden the real estate, and shall be binding on the successors, heirs and assigns of all parties. B. Under the terms of the reservation set out in Paragraph A above and in accordance with RCW 35.79.030, the City 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 and removal of electric distribution facilities. The owners of the adjacent property shall not erect any structures on the easement and shall not place trees or other obstructions on the Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 3 of 5 easement that would interfere with the exercise of Grantees' rights. C. The utility and access easements as set out in Paragraphs A and B 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 the 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 authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance will take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 4 of 5 Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. INTRODUCED: OCT 0 7 200 PASSED: U Q, N APPROVED: )\CCUINIte454414NAACKUS, MAYOR ATTEST: Shawn Campbell, City Clerk APPRO D ' TO FORM: r Steven L. Gross, City Attorney PUBLISHED: Dritgvy 1D OaAM,1-iry Ordinance No. 6729 ROW Vacation #V2-19 August 12, 2019 5 of 5 EXHIBIT A 130th AVE SE RIGHT OF WAY VACATION LEGAL DESCRIPTION EXHIBIT A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF. SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF 130TH AVENUE SOUTHEAST, BEING A RIGHT OF WAY 30 FEET IN WIDTH ACCORDING TO THE PLAT OF VINTAGE HILLS DIVISION V, AS RECORDED IN VOLUME 199 OF PLATS AT PAGES 94-98, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE SOUTHERLY MARGIN OF SOUTHEAST 302ND PLACE AND LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET. CONTAINING 12,490 SQUARE FEET MORE OR LESS. S 1! 4)4/' tt\\\\ iV •SNS 01. , \ / 0 • c ' ! 3 iG, EXHIBIT "B" 130TH AVE SE RIGHT OF WAY VACATION DEPICTION EXHIBIT Iii,i) j 9 G F4,4� -.41W" VINATAGE HILLS DIV. V Z; g l $ ��„ I VOL 199, PGS 94-98 ',J 0) , — i• '1�`• SOUTHEAST 302ND PL= • W.,451 1 / f , i • 7 • , _ — VINATAGE HILLS DIV. V 1 n,, `�S<sol,yeeeee„', —{ VOL 199, PGS 94-98 I LOT 21 • 117- I'i to 1 30' / D N N >! — -1VACATED ROW QoN 12,490 SF ' Lu x to oao —r— — ^ — — - — --1' EEL _ w3- 1 I F of APN p I 04210590053 I r� _' — C 1 APN ( 04210590015 N qb __ 0 I 05loill° GRAPHIC SCALE 04210590063 I I / 0 50 100 200 FEET — 1"=100 FEET _ M SOUTHEAST 304TH STREET2215 North 30th Street, -—----- `� /- ��`4, Sudo 300, k Tacoma,WA 98403 B 253,383.2422 TEL JOB NO. 2180950 A H. � 253.383.2572 FAX May 6, 2019 RIGHT OF WAY VACATION THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION LEGAL BY: TD EXHIBIT BY: TO OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT BETWEEN NE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE w:\sdskproj\2018\21809.3\130th vocotlon.dwg LEGAL DESCRIPTION SHALL PREVAIL. ROW Vacation #V2-19 Auburn School District - 130th Ave SE MaPaptCated: 8Ciity City p Cread by Cof Aubum eGlS Imagery Date:May 2015 _ t \ •4r) r- -a... 911P, ,7 a () ..i,'IuJ 0.44 - III I •' n 4``°1'I : • J I 416.,1 t!9 1 111V- -C W N N in'- r1 till - 'r > SE 302nd P) Auburn School District \ a7/ .---,, . I I , / Auburn in } �' School 6.. \. N 41) /71:41. 001 \, • ii District �� i f! Inburn �.O \� ooI t I =_ — er rcU 0 O ,-+ I II _ _ lti� - Con rats 01�� O L a. I W SE 304th St N ME ti) "- ...-- In alci \, I a' ' ,� r/�� C / f f M / ...I /' / / ar, --___ .... ..)7- Air i-.---..,, .,L = . , 377.8 0 --_ 377.8 Feet Information shown is for general reference I I p purposes only and does not necessarily 1 i n = 189 ft 1:2,267 •• represent exact geographic or cartographic NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet data as mapped.The City of Auburn makes no warranty as to its accuracy. (-e3D UIIIIIII111111111111111111111FIRSTAMERICAN -- IIIIIIIIIIIIIIIII111111IIIINIIIIII1111 ISD S'' Return Address: 20191016000955 Auburn City Clerk ORDINANCE Rec:=110.60 City of Auburn 10/16/2019 2:01 PM 25 West Main St. KING COUNTY,WA Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Ordinance No. 6729 Reference Number(s) of Documents assigned or released: ❑Additional reference#'s on page_of document Grantor(s) (Last name first, then first name and initials) The City of Auburn Grantee: (Last name first) RECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY 3Lb,+ L AS AN ACCOMMODATION ONLY Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the West half of the Southeast Quarter of the Southeast Quarter of Section 4, Township 21 North, Range 5 East, W.M., in King County, Washington. ❑ Additional legal is on pages of the document. Assessor's Property Tax Parcel/Account Number: Parcel Numbers 042159015, 8946700210 and 0421059063. ❑Assessor Tax#not yet assigned