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Home My WebLink About6810 AMENDED ORDINANCE NO. 6810 AN AMENDED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT- , OF-WAY OF THE ALLEY NORTH OF AUBURN WAY SOUTH BETWEEN DOGWOOD ST SE AND FIR ST SE, 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 right-of-way located within the alley north of Auburn Way South, between Dogwood St SE and Fir St SE, 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 19th day of January, 2021, 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 north of Auburn Way South, between Dogwood St SE and Fir St SE, located within the City of Auburn, Washington, legally described as follows: THE ALLEY, 16 FEET IN WIDTH, CONVEYED TO THE CITY OF AUBURN BY QUIT CLAIM DEED UNDER RECORDING NUMBER 5881425, DATED MAY 20, 1965, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST Amended Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 1 of 6 QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, FOREST VILLA ADDITION TO THE CITY OF AUBURN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 62 OF PLATS, PAGE 15, RECORDS OF KING COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PLAT SOUTH 88°17'59" EAST, A DISTANCE OF 592.90 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID PLAT ALSO BEING A POINT ON THE WEST RIGHT OF WAY MARGIN OF FIR STREET SE.; THENCE ALONG SAID WEST MARGIN SOUTH 01°42'01" WEST, A DISTANCE OF 16.00 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED QUIT CLAIM DEED; THENCE ALONG SAID SOUTH LINE NORTH 88°17'59" WEST, A DISTANCE OF 592.77 FEET TO THE EAST RIGHT OF WAY MARGIN OF DOGWOOD STREET SE.; THENCE ALONG SAID EAST MARGIN NORTH 01°14'45" EAST, A DISTANCE OF 16.00 FEET TO THE PONT OF BEGINNING. CONTAINING 9,485 SQ. FT, 0.22 ACRES, MORE OR LESS. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON ALL LYING WITHIN THE MUCKLESHOOT INDIAN RESERVATION. [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. In accordance with RCW 35.79.030, the City hereby reserves in favor of Parcel Nos. 2599000010, 2599000020, 2599000030, 2599000040, 2599000050, Amended Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 2 of 6 2599000060, 2599000070, and 2599000080 abutting the vacated right-of-way as described above a perpetual nonexclusive access easement under, over, through and across the vacated right-of-way as described above for the purposes of pedestrian, vehicular and pedestrian individual adjacent parcel access and adjacent private property access. The owners of the adjacent property agree not to erect any structures on said easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. 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. 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 easement that would interfere with the exercise of Grantees' rights. 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. C. In accordance with RCW 35.79.030, the City grants a private utility easement to CenturyLink over, under and upon the vacated right-of-way as described Amended Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 3 of 6 above for the construction, operation, maintenance, repair, replacement, improvement and removal of wireline telecommunications facilities. The owners of the adjacent properties shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantees' rights. 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. D. It is provided, however that such reserved or granted utility and access easements as set out in Paragraphs A, B, and C above may be modified to accommodate a removal, relocation and sitting of the affected utility lines if the Utility 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. E. The applicant shall construct public improvements that permanently close the first two driveways north of the intersection of Auburn Way South on the east side of Dogwood St SE and construct a new driveway to Dogwood St SE at the west boundary of the vacated right-of-way. F. The applicant shall construct public improvements to permanently restrict existing and new driveways along the north side of Auburn Way South from Fir St SE to Dogwood St SE to right-in/right-out. Amended Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 4 of 6 G. The applicant shall construct a 7-foot tall fence on the north boundary of the right-of-way, including appropriate gates as may be required to provide accessibility by properties abutting the right-of-way. H. The applicant shall construct an acoustic CMU wall and landscaping to provide mitigation of noise from the property abutting the south boundary of the vacated right-of-way. I. 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 Forty-Three Thousand ($43,000.00) 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. J. This vacation shall be effective upon completion of the provisions in paragraph E, F, G, H, and I, above. The above described provisions must be completed by December 31, 2021 or the vacation and Ordinance will 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 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. Amended Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 5of6 Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor only upon completion of those provisions set forth in Section 1, Paragraphs E, F, G, H, I, and J, above, at which time,the vacation pursuant to this Ordinance shall be effective under Auburn City Code 12.48.080. INTRODUCED: FH 0 1 2021 PASSED: FEB 0 1 2021 APPROVED: rF-E-3 CO rl , Yii br6,4140 , NCY BACKUS, MAYOR ATTEST: , Nk"-Nci.. Ccie� L,-.Q \ Shawn Shawn Campbell, MMC, Ci Clerk APPROVED AS TO FORM: K.PAktA- caw, Kendra Comeau, City Attorney PUBLISHED: fQbYvani 1-144` 2 A kh la sttiAu "vin Amended Ordinance No. 6810 ROW Vacation V2-20 January 4, 2021 Page 6 of 6 Instrument Number: 20211213002141 Document:ORD Rec: $211.50 Page-1 of 9 Record Date:12/13/2021 5:52 PM 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): Amended Ordinance No.6810 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) Puget Sound Energy • Grantee:(Last name first) RECORDING REQUESTED ME AMERICAN E C The City of Auburn As AN ACCOMMODATION ON IY Legal Description(abbreviated: i.e.lot,block, plat or section,township,rane) SE 20-21-5 (3 Additional legal is on page 7 of the document. Assessor's Property Tax Parcel/Account Number: 2599000010,2599000020,2599000030,2599000040,2599000050,25994)060, 2599000070,2599000080 0 Assessor Tax#not yet assigned