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Home My WebLink About6782 Instrument Number:20201002000030 Document:ORD Rec: 5111.50 Page-1 of 9 Record Date:10/2/2020 7:13 AM Electronically Recorded King County,WA Return Address: 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 No. 6782 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) Copper Gate North, LLC Grantee: (Last name first) City of Auburn Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NW 31-22-05 ®Additional legal is on page 3 of the document. Assessor's Property Tax Parcel/Account Number: 9360600330 RECORDING REQUESTED BY AkkEFECAWITILE COMPANY 9360600323 MSTAN ACCOMMODATION 4 &Y 9360600325 0 Assessor Tax#not yet assigned ORDINANCE NO. 6782 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF G STREET NE, SOUTH OF SOUTH 277TH STREET, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington ("City"), has received a petition signed by at least two-thirds (2/3) of the owners of property abutting to right-of-way located at G Street NE, south of South 277th Street, within the City, 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 21st day of September, 2020, 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 G Street NE, south of South 277th Street located within the City of Auburn, Washington, legally described as follows: THE EAST 30 FEET OF THE RIGHT-OF-WAY FOR G STREET NORTHEAST AS DEDICATED BY QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO. 5869551, FOR RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 1 of 5 COMMENCING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO. 38; THENCE N88°59'52"W, ALONG THE NORTHLINE OF SAID DONATION LAND CLAIM, 420.19 FEET; THENCE S01°48'09"W 58.34 FEET TO A POINT ON THE EASETERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST AND THE POINT OF BEGINNING; THENCE S01°48'09"W, ALONG SAID EASTERLY MARGIN, 781.69 FEET TO AND ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N89°13'51"W, ALONG SAID SOUTHERLY MARGIN, 30.00 FEET TO AN ANGLE POINT WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N01°48'09"E, ALONG SAID WESTERLY MARGIN, 781.81 FEET TO AN ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SOUTH 277TH STREET; THENCE S88°59'48"E 30.00 FEET TO THE POINT OF BEGINNING. CONTAINS 23,452± SQUARE FEET (0.5384±ACRES) [Also identified as Exhibit"A".] and as 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 of 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 storm water facilities and wetland mitigation site and including a reservation in favor of the City of the Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 2 of 5 right to grant easements for utilities over, under and on 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. 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 properties 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. 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. B. It is provided, however that such reserved or granted utility and access Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 3 of 5 easements as set out in Paragraph A above may be modified to accommodate a removal, relocation and sitting of the affected utility lines and facilities if the City and the property owners on whose property the utility lines and facilities 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 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. INTRODUCED: SEP 2 1 2020 PASSED: SEP 2 1 2020 APPROVED: SEP 2 1 2020 X.' IF BACKU MAYOR Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 4 of 5 ATTEST: Shawn Campbell, MC, Ci Clerk APPROVED AS TO FORM: 04—4— ('WN`Kendra Comeau, City Attorney PUBLISHED: �/jnk Ur J'�c �� 614 fatti, Y Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 5 of 5 CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 19116 01/24/2020 EXHIBIT "A" LEGAL DESCRIPTION-RIGHT-OF-WAY VACATION THE EAST 30 FEET OF THE RIGHT-OF-WAY FOR G STREET NORTHEAST AS DEDICATED BY QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO. 5869551, RECORDS OF KING COUNTY,WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO. 38; THENCE N88°59'52"W,ALONG THE NORTH LINE OF SAID DONATION LAND CLAIM, 420.19 FEET; THENCE S01°48'09"W 58.34 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST AND THE POINT OF BEGINNING; THENCE S01°48'09"W, ALONG SAID EASTERLY MARGIN, 781.69 FEET TO AN ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N89°13'51"W, ALONG SAID SOUTHERLY MARGIN, 30.00 FEET TO AN ANGLE POINT WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N01°48'09"E, ALONG SAID WESTERLY MARGIN, 781.81 FEET TO AN ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SOUTH 277TH STREET; THENCE S88°59'48"E 30.00 FEET TO THE POINT OF BEGINNING. CONTAINS 23,452± SQUARE FEET(0.5384±ACRES) 1,9.9 x'99»99 �W tt, `, ' P4,c 41209 .„,:).•' ✓' 15TG�. �Q -AL LAI'D5 e EEE E E E 01/24/20 S.277TH ST NORTHEAST CORNER :\ W.A. COX DONATION LAND CLAIM N01'48'O9'E 5' - _ N88'59'52'W 420.19 I NORTH UNE W.A. COX DONATION LAND CLAIM I N88'59'48'WI 30.00! -Th \i`1 �-P.O.B. I N i /141;\ OF AUBNCLANDS RHES EAST 30' OF THE 60' PROP ��r--RIGHT-OF-WAY DEDICATION I I I BY DEED AFN 5869551 y I IGHT OF WAY I 00 BE VACATED / 01/24/20 I � 4rrrrrrrrrr�.� x,N RIGHT-OF-WAY t g gp I DEDICATION I LA '° 0.' .. 5 COPPER GATE ap 9dg'•, �, '7..4, ��`� rho• RIGHT-OF-WAY VACATION 10F2 YL91fiYi 1'� EXHIBIT"B" PAGE I ,!°: -f ^ '4... 121 QO NE i 951h SL,Suite 300 ��'•P8 41299 9 Q CORE Bothell,Washington 98011 SCALE1"=80' ��'•Q19T8,. V" I / 0, 'i0 80 �, jDNAL LA� ��DESIGN 425.885.7877 Fax 425.8857963 11 �� ENGINEERING-PLANNING-SURVEYING-LA SEE PAGE 2 OF 2 FOR CONTINUATION JOB NC). 1 91 1 6 , SEE PAGE 1 OF 2 FOR CONTINUATION I II 1 I I 1 I I I f EAST 30'OF THE 60' —•riTiOF—XY( ACr1ONI RIGEBY DDA5865 I I I / _____ I 10 LAI I I OODNTO UOPGANO p01R VALs0-10 1,4e TiR I Ioo g I I I /a IRAiti OgA3 I .citA 1. 42 I I z , / z I1411 UgURI4 I 'yf LAPROpEOis INC 1 (5/ 1 I / ' FUTURE I STREET I RIGHT-OF-WAY / RIGHT OF WAY DEDICATION TO BE VACATED FUTURE 4914 STREET NE /4/ RIGHT-OF-WAY DEDICATION 1\_N8913'51°W 30.00 TRACT C CITY OF AUBRUCT e1A19-0008 REC. NO. 20191104900007 PARCEL A 01/24/20 ., l41j .,:,„ .. sp.. COPPER GATE PAGE �y�' 'iragbr�C'�, RIGHT-OF2OF2oop, 'tia & �. 12100 NE 195th St.,Suite 300 / '` "� ' CORE Washington 98011 d 4128• q—.1, 4" DESIGN Bothell,425865.7877 fax 425.885,7963 SCALE:i."m 80' N ed+r••Q prsy,:; ` 0 40 80 ANAL LAS ENGINEERING-PLANNING-SURVEYING-LA 11.11.11 n. �"1✓666666666666666666E�f JOB NO, 19116 ACITY''O F 7 .. .. RIGHT-OF-WAY VACATION STAFF REPORT , , `` WASHINGTON Right-of-Way (ROW) Vacation Number V1-20 Applicant: Copper Gate North, LLC Property Location:Right-of-Way located at G Street NE, south of South 277th Street. Description of right-of-way: This ROW proposed for vacation consists of G Street NE, south of South 277t" street. The proposed ROW is adjacent to Parcel No. 9360600330 on the west and south, Parcel No. 93606003323 and 9360600325 on the east, and City right-of-way to the north. The total proposed area of ROW for vacation is approximately 23,452± square feet and consists mostly of vegetation and gravel. The proposed ROW vacation area was originally conveyed to King County as right-of- way by Quit Claim Deed under Recording No. 5869551 on April 21, 1965 and subsequently become City ROW by annexation in 1970. See Exhibits "A" and "B" for legal description and survey. Proposal: Parcel No. 9360600330 is currently being developed by the applicant who is proposing to incorporate the area proposed for vacation into the development and cleanup right-of- way and parcel lines. Applicable Policies & Regulations: • RCW's applicable to this situation - meets requirements of RCW 35.79. • MUTCD standards - not affected by this proposal. • City Code or Ordinances - meets requirements of ACC 12.48. • Comprehensive Plan Policy - not affected. • City Zoning Code - not affected. Public Benefit: • The vacated area may be subject to property taxes. • The street vacation decreases the Right-of-Way maintenance obligation of the City. 1 of July 23,2020 V 1-20 Staff Report Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff. 1. Puget Sound Energy (PSE) — PSE has no facilities or equipment in the proposed vacation area and do not require an easement. 2. Comcast— Comcast has no cable service facilities in the ROW Vacation area and require easements. 3. CenturyLink— CenturyLink has no objections to the Vacation of G St NE and do not require an easement. 4. Engineering — 5. Transportation — Extension of the I Street NE corridor has been dedicated and there are no traffic operations facilities located in G St NE so it is not needed for transportation purposes. 6. Water— No comments. An easement is not needed as there are no water facilities in the proposed vacation area. 7. Sewer— No Comments. An easement is not needed as there are no sewer facilities in the proposed vacation area. 8. Storm —An easement will be needed over the proposed vacation area for access to the City wetlands mitigation site and storm drainage facilities. Additionally, an access easement on Parcel No. 936060-0330 would be needed between the newly dedicated I St NE alignment and G St NE. If this easement is not provided as part of the FAC project, it will need to be acondition of the vacation. 9. Planning —The Vacation request is supported as it is consistent with achieving the site development plan that has been the subject of a revised and amended development agreement approved by the City Council. It is consistent with the realigned location of I St NE ROW alignment. An access easement across the proposed vacation area to inspect and maintain the watercourse, stream mitigation for the S 277th St widening project and its inlet, and to access the south side of the floodplain conveyance channel under s 277th St should be required. 10.Fire — No comments. 11.Police— No comments. 12.Streets — No comments. 13.Construction —No comments. 14.Innovation and Technology— No comments Assessed Value: ACC 12.48 states "The city council may require as a condition of the ordinance that the city be compensated for the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portions thereof were acquired at public expense or have been part of a 2 of 3 July 22,2020 V1-20 Staff Report dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city's expense." RCW 35.79.030 states the vacation "shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of- way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated." An appraisal by an MAI appraiser of the subject right-of-way was required to be submitted by the applicant. The appraisal was reviewed and found to be acceptable. The appraisal values the right-of-way in a "Fee Simple Market Value" at $20,000.00. The right-of-way has been right-of-way for more than 25 years and was originally acquired through Quit Claim Deed on April 21, 1965 Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. An easement shall be reserved for access to City wetlands mitigation site and storm drainage facilities on adjacent properties. 2. Staff recommends that compensation for the value of the right-of-way not be required as it was acquired through Quit Claim Deed at no cost to the City and the City has made very minimal improvement and incurred very little, if any, maintenance costs. In addition, the Applicant has dedicated a significant amount of new right-of-way at no cost to the City to provide for an extension of I St NE to S 277th St. 3 of 3 July 22,2020 V 1-20 Staff Report Pri ROW Vacation #V1-20 G Street NE Map Cr Date: 723/o020 Map Created by City of tubum eGlS `t Imagery Date:May 1015 ;71;:' x.r ,*N .r.--,.e, F"" ` a ` 27Z. L%.a,--,:f -, _ to :y '`9:'1a� c- • M'+a k ` „9a,..;..'rt t,•,_i �f P: ,1 ,.t z'so.. t4 I, '''''';i7 --ir._ ..3- ,.n.'� 'ad. 1 i;" '�''`:y** I .a" r.` 00 3''�� "-ti f' , :�.,� _;air-..,r .g% F--33,i '•', 5- e "Ii• . e, 1.,� - 1 ; _ C 1,,,. N 1[3. y y Y'1 , . (.1 ;'• a.<,- „)..i... it; , -'`;'='.-.1$ :1 4-.- =-,t.== r 1< M• t' ,^L �. a� t,, 360 el No o $ice ! + h v� •, 9360606330 y "res—LI {� Tu Y{ �. f. i raj. S" , N +A F'-3,3",• ` ty „,:-4,,,,I"V 7}L ter- —r. si n..alit;" t rra r ' � a ii t , is a s�,$ "",. ' �'`' ;'` `Y'_ ""1 a*� >x C 936 r•f.t 325 kTri9�t ,,p, 3 r ''t -� t ,,�{I V �t':+ * .it-74vi .', 4 sa ,zt w _ Z x.g .'r 94r '�s�.. ` 6 ai /'),,,•:r:ii T'-• `, ' ' _ I < - U)0. t ` t ',,,,,,,,,,,,494,„,,..e.` . - 7y 'Y lit” ' ' ,.7:-..,' ,.. ' 9111: t ", -..••--**'''...".`*•'''' ;. "t•-•,•,'„-,, < 44.`;. '.ter o °�y"+YP- ,; .• - fir: , a;ez; fJ s' '�.GA...ra t 7 .0.9,„ti^v1 A F'f'• s i ® '�., 1 G 2.• ,° ''1'*-*N G%, t:,1/4.1,-.`t'M ''' far} • .' '.,, ' ' A' ..ri '1 t:I l'1,..1 = ' ,‘ AA ..4) = 4 �I� y V• � N, ' »' 2 h,. Ilk y r l.'...,,Y* - .-711';',.4V-740.40• 4 Yl `p 11 Jia 0' l'' l'rIt.!` °''. ' may: I.4.,...'",.%,41„ -,r-,'„if. '�. :*IaL t'{W '%u � •I;LP2`w} K°*4' ° 1 *c }�y�y�g '� } f }}} e y, �� y'�etiy4 ;e�,'Fr`! Kv 1 r,•Sr,' .,---.1—,..., •.r 'S +• tl',110 >tr, r v S-,1 a t n«e t > x .• T a z e a' a �* r t ' 4x4 01 a i .- i'--,° L1:1,-",".0!!‘"r"44, o 'rs0 tom... eV.'ti * ' I,I ,t' s 5,q'%. ,f 1. '` > , i”y _ -.tt C a TM,. `+ d 3 -.�= 1 .,,,l," t,„•1'' Sr ,i l �'', 9 Jti'1` E,'r r' ti a �1 ,, k�-- i ''k ' 5 °l, i 1 u t , q,-,•` �, ‘4;1,:-.-j1.70:141'-1.f TIJI--i *40L)- 4;- i ` ,� 45th St NE_ _ }� i ' 1TI r1f: • • .` , ns 'CF'-".v�..,:�'r. .,,,....t ta. ,,m �,F`�,_N,^ �.a•'a-.#w''a,l =PL"eM .!”" ,."" ', �+^~ .. p8t#ht` ,i�. 752.3 0 3762 752.3 Feet in(ortnatlon shown 0 for general reference r r purposes only and does not necessarily lin = 376 ft 1:4,$14 0 representeoactgeogmphfcorcartographic NAD_1983 StatePlane Washington North TIPS 4601 Feet data as mapped.The City of Auburn makes no warranty as to Its accuracy. [nstrument Number: 20201002000030 Document:ORD Rec: $111.50 Page-1 of 9 Record Date:10/2/2020 7:13 AM Electronically Recorded King County,WA Return Address: 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 No. 6782 Itv Reference Number(s) of Documents assigned or released: DAdditional reference#'s on page_of document Grantor(s) (Last name first, then first name and initials) Copper Gate North, LLC Grantee: (Last name first) City of Auburn Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NW 31-22-05 ®Additional legal is on page 3 of the document. Assessor's Property Tax Parcel/Account Number: 9360600330 RECORDING REQUESTED SY 9360600323 R^e At+AN AGO!CAN TITLE COMPANY - 9360600325 0 Assessor Tax#not yet assigned Instrument Number: 20201002000030 Document:ORD Rec: $111.50 Page-2 of 9 Record Date:10/2/2020 7:13 AM King County,WA ORDINANCE NO. 6782 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF G STREET NE, SOUTH OF SOUTH 277TH STREET, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington ("City"), has received a petition signed by at least two-thirds (2/3) of the owners of property abutting to right-of-way located at G Street NE, south of South 277th Street, within the City, 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 21st day of September, 2020, 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 G Street NE, south of South 277th Street located within the City of Auburn, Washington, legally described as follows: THE EAST 30 FEET OF THE RIGHT-OF-WAY FOR G STREET NORTHEAST AS DEDICATED BY QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO. 5869551, FOR RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 1 of 5 Instrument Number: 20201002000030 Document:ORD Rec: $111.50 Page-3 of 9 Record Date:10/2/2020 7:13 AM King County,WA COMMENCING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO. 38; THENCE N88°59'52"W, ALONG THE NORTHLINE OF SAID DONATION LAND CLAIM, 420.19 FEET; THENCE S01°48'09"W 58.34 FEET TO A POINT ON THE EASETERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST AND THE POINT OF BEGINNING; THENCE S01°48'09"W, ALONG SAID EASTERLY MARGIN, 781.69 FEET TO AND ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N89°13'51"W, ALONG SAID SOUTHERLY MARGIN, 30.00 FEET TO AN ANGLE POINT WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N01°48'09"E, ALONG'SAID WESTERLY MARGIN, 781.81 FEET TO AN ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SOUTH 277TH STREET; THENCE S88°59'48"E 30.00 FEET TO THE POINT OF BEGINNING. CONTAINS 23,452± SQUARE FEET (0.5384±ACRES) [Also identified as Exhibit"A".] and as 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 of 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 storm water facilities and wetland mitigation site and including a reservation in favor of the City of the Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 2 of 5 Instrument Number: 20201002000030 Document:ORD Rec: S111.50 Page-1 of 9 Record Date:10/2/2020 7:13 AM King County,WA right to grant easements for utilities over, under and on 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. 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 properties agree and shall not in any 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. 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. B. It is provided, however that such reserved or granted utility and access Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 3 of 5 Instrument Number: 20201002000030 Doeument:ORD Rec: 5111.50 Page-5 of 9 Record Date:10/2/2020 7:13 AM King County,WA easements as set out in Paragraph A above may be modified to accommodate a removal, relocation and sitting of the affected utility lines and facilities if the City and the property owners on whose property the utility lines and facilities 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 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. INTRODUCED: SEP 2 1 2020 PASSED: SEP 2 1 2020 APPROVED: SEP 2 1 2020 BACKU , MAYOR Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 4 of 5 Instrument Number: 20201002000030 Document:ORD Rec: $111.50 Page-6 of 9 Record Date:10/2/2020 7:13 AM King County,WA ATTEST: 2111.. Shawn Campbell, MC, Ci Clerk APPROVED AS TO FORM: r,Uu(L (A/Vie— Kendra Comeau, City Attorney�y /r ' PUBLISHED: ;1G�klittkV)Jr 2M 91Y10t'G"y`W ef1Mijj tdr 04. Ordinance No. 6782 ROW Vacation V1-20 July 22, 2020 Page 5 of 5 Instrument Number: 20201002000030 Document:ORD Rec: x111.50 Page-7 Of 9 Record Date:10/2/2020 7:13 AM King County,WA CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 19116 01/24/2020 EXHIBIT"A" LEGAL DESCRIPTION—RIGHT-OF-WAY VACATION THE EAST 30 FEET OF THE RIGHT-OF-WAY FOR G STREET NORTHEAST AS DEDICATED BY QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO. 5869551, RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE W.A. COX DONATION LAND CLAIM NO. 38; THENCE N88°59'52"W,ALONG THE NORTH LINE OF SAID DONATION LAND CLAIM, 420.19 FEET; THENCE S01°48'09"W 58.34 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST AND THE POINT OF BEGINNING; THENCE S01°48'09"W, ALONG SAID EASTERLY MARGIN, 781.69 FEET TO AN ANGLE POINT WITH THE SOUTHERLY.RIGHT-OF-WAY-MARGIN OF G STREET NORTHEAST; _ - THENCE N89°13'51"W,ALONG SAID SOUTHERLY MARGIN, 30.00 FEET TO AN ANGLE POINT WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF G STREET NORTHEAST; THENCE N01°48'09"E,ALONG SAID WESTERLY MARGIN, 781.81 FEET TO AN ANGLE POINT WITH THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SOUTH 277TH STREET; THENCE S88°59'48"E 30.00 FEET TO THE POINT OF BEGINNING. CONTAINS 23,452*SQUARE FEET(0.5384±ACRES) �'•4,6, 41289 o.' `nS c�STBR.• J'Q' s 4We e'e'eeertWASee-6 EEE 01/24/20 Instrument Number: 202010020000311 Document:ORD Rec: 5111.50 Page-8 of 9 Record Date:10/2/2020 7:13 AM King County,WA • S.277TH ST r„ r a, fir`', a° NORTHEAST �DONATION LAND CLAIM N0148'09'E — — 5a34.0` _ N8859'52'W 420.19 N II NORTH LINE WA COX DONATION LAND CLAIM `I N88'59'48`W1 30.x"'\`\ 1 -Th I 2 2 , O5 erosllety EAST 3(1 OF THE 60' PROP I I k •.0.8. WRIGHT-OF-WAY DEDICATION tRct 8Y DEED AM 5869551 'IGHT OF WAY (S TO BE VACATED I 01/24/20 JFUTURE 1 STREET 13'� Rff*Et-CF-IMAY $ 9:.SP v DMICATiON I % t ' ., PAGE �$+.oy *aag COPPER GATE w9 4% RIGHT-OF-WAYVACATION a/.1 �;; 1� E)OIIBRVA tOF2 I 1 / N '4: `� cORE LZ,abNEI95thS.Sofro 300 t1,,••P v-'-'1 Bothell,Washington 98011 SCALE:1'"80' Aj. rets:.• E *Z.-885�gn Fax 425.885.7963 8 0 X963 0 40 L30 G'1'AL LA1� � I ~�-FFFfFfFFFfFFFFffFff�lfS ENGINEERING-PLANNING-SURVEYING-LA SEE PAGE 2 OF 2 FOR CONTINUATION JOB NO. 1 91 16 Instrument Number: 20201002000030 Document:0RD Rec: $111.50 Page-9 of 9 Record Date:10/2/2020 7:13 AM King County,WA SEE PAGE 1 OF 2 FOR CONTINUATION l I I I 1 I I 4 1 1 1 I EAST 30' T-OF°M./AY THE 60' I RI -WDEDICA110N BY DEED AFH 5889551 I 1 1 ED P�,S I I UZ nCPDO v4A Y �' w I RI AC I „405.OME fR , i, 1114143 I .FACT 42 1 I i I 1 pURN IL PROPER"E 1NC I i ,I4 I FUTURE I STREET RIGHT-OF-WAY •IGHT OF WAY OED�ATION TO 8E VACATED FV TH9TURE 44 I STREET NE a RIGHT-OF-WAY DEDICATION I N8913.51N 30.00 TRACT C (,) TRACT A CITY OF AUBURN 8I.A19--0008 REC.NO. 20191104900007 PARCEL A 01/24!20 COPPER GATE PAGE � �R. 3P� "" RIGHT.OF-WAY VACATION 2 OF 2 csv y c*„x'44:.d EXHIBIT"T3" r... o 1: I2100NEt95sh8r Su1re300 „ ,,, f �� 8014 Woshlajron 98011 a \100.....,/p�DESIGN 425.8857877 Fax 4158817969 SCALE 1" 80' Ps�rO�y�...• • - 14, ENGINEERING-PLANNING-SURVEYING-LA 0L fGhAL LAS V'' JOB NO, 1 91 16 t-:,--AovelE•FEa'" t•EEEt