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Home My WebLink About6823 ORDINANCE NO. 6823 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, AMENDING THE DEADLINE TO COMPLETE CONDITIONS ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A PORTION OF THE ALLEY NORTH OF 3RD STREET NE BETWEEN B STREET NE AND AUBURN AVENUE WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington ("City"), approved Ordinance No. 6759 on March 16, 2020, a copy of which is attached as Exhibit A, vacating right-of-way located within a portion of the alley north of 3rd Street NE, between B Street NE and Auburn Avenue, within the City, subject to conditions outlined in Ordinance No. 6759; and, WHEREAS, Section 1, Paragraph G of Ordinance No. 6759 required that all conditions of the vacation be completed by September 16, 2021 or the vacation and Ordinance will be null and void; and, WHEREAS, the applicant has requested additional time to complete those provisions set forth in Section 1, Paragraphs E, F and G of Ordinance No. 6759; and, WHEREAS, the City has determined that the applicant's request to have until September 16, 2022, is reasonable in light of unforeseeable circumstances and in the public interest to continue the deadline; and, WHERAS, the City Council has considered the request for extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Extension. The deadline for completion in Section 1, Paragraph G of Ordinance No. 6759 is continued to September 16, 2022. Ordinance No. 6823 ROW Vacation V1-19 May 26, 2021 Page 1 of 2 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 together with Ordinance No. 6759 with the office of the King County Auditor only upon completion of those provisions set forth in Ordinance No. 6759, at which time the vacation pursuant to Ordinance No. 6759 shall be effective under Auburn City Code 12.48.080. INTRODUCED: JUN2 1 2021 PASSED: JUN 212021 APPROVED: JUN 2 12021 4._. . - - . CY BAC US, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC,City Clerk Kendra Comeau, City Attorney PUBLISHED IA) , t\k_ otT\� Ordinance No. 6823 ROW Vacation V1-19 May 26, 2021 Page 2 of 2 Exhibit A ORDINANCE NO. 6759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF A PORTION OF THE ALLEY NORTH OF 3RD STREET NE BETWEEN B STREET NE AND AUBURN AVENUE 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 within a portion of the alley north of 3rd Street NE, between B Street NE and Auburn Avenue, 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 16th day of March, 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-coded ordinance as follows: Section 1. Vacation. That the right of way located at a portion of the Alley north of 3rd Street NE, between B Street NE and Auburn Avenue located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE ALLEY, BEING 10 FEET IN WIDTH, ADJACENT TO AND COINCIDENT WITH THE EAST LINE OF LOTS 3 THROUGH 6, BLOCK 2 OF THE PLAN OF MEADOW ADDITION TO AUBURN, ACCORDING TO THE PLAT Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 1 of 6 THEREOF RECORDED IN VOLUME 18 OF PLATS, PAGE 68, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID BLOCK 2 OF SAID PLAT; THENCE SOUTH 89°17'20" EAST, 57.00 FEET ALONG THE SOUTH LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170275; THENCE NORTH 76°21'00" EAST, 44.37 FEET ALONG THE NORTH LINE, TO THE NORTHEAST CORNER OF SAID PORTION CONVEYED TO THE CITY OF AUBURN, BEING THE WEST MARGIN OF SAID ALLEY AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°38'08" EAST, 169.00 FEET ALONG SAID WEST MARGIN TO THE NORTHEAST CORNER OF LOT 3 OF SAID PLAN OF MEADOW ADDITION TO AUBURN; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID LOT 3, SOUTH 89°17'30" EAST, 10.00 FEET TO THE EAST MARGIN OF SAID ALLEY; THENCE SOUTH 00°38'08" WEST, 165.00 FEET ALONG SAID EAST MARGIN TO THE MOST WESTERLY NORTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170274; THENCE SOUTH 68°53'49" WEST, 10.77 FEET TO SAID NORTHEAST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170275 AND THE WEST MARGIN OF SAID ALLEY AND THE POINT OF BEGINNING. CONTAINS 1,670 SQUARE FEET, MORE OR LESS. (0.038 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 Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 2 of 6 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 sanitary sewer facilities and 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 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 Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 3 of 6 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. 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 easement that would interfere with the exercise of Grantees' rights. C. 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 CenturyLink over, under and upon the vacated right-of-way as described 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. 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 City and the property Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 4 of 6 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 property owners of Parcel Nos. 5405100015 and 5405100025 shall reserve and grant a public access easement across those parcels from the southern terminus of the existing public alley(following vacation) to B Street NE and shall construct such public access easement to City standards for the purposes of allowing vehicular, pedestrian and emergency access to and from the southern terminus of the existing public alley (following vacation) to and from B Street NE. F. Direct access from the vacation area to 3rd Street NE and from Parcel No. 0492000480 to Auburn Avenue shall be permanently closed. The Developer will be required to remove curb cuts and driveways and replace with sidewalks in accordance with City Standards upon reservation and construction of such access easement in paragraph E, above. G. This vacation shall be effective upon completion of the provisions in paragraph E and F, above. The above described provisions must be completed by September 16, 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 Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 5 of 6 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 only upon completion of those provisions set forth in Section 1, Paragraphs E, F, and G, above, at which time the vacation pursuant to this Ordinance shall be effective under Auburn City Code 12.48.080. INTRODUCED: MAR 1 6 1020 PASSED: MAR 1 6 2O2 APPROVED: MAR 1 6 2020 if: - - _11041114 NA`4 ., BACKUS, MAYOR ATTEST: Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: Kendra Comeau, City Attorney PUBLISHED: MAYIh Ven UV tN Ill SeOrklki 1MS Ordinance No. 6759 ROW Vacation V1-19 January 6, 2020 Page 6 of 6 EXHIBIT"A" LEGAL DESCRIPTION RIGHT-OF-WAY VACATION THAT PORTION OF THE ALLEY, BEING 10 FEET IN WIDTH, ADJACENT TO AND COINCIDENT WITH THE EAST LINE OF LOTS 3 THROUGH 6, BLOCK 2 OF THE PLAN OF MEADOW ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 18 OF PLATS, PAGE 68, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 6 OF SAID BLOCK 2 OF SAID PLAT; THENCE SOUTH 89°17'20" EAST, 57.00 FEET ALONG THE SOUTH LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170275; THENCE NORTH 76°21'00"EAST,44.37 FEET ALONG THE NORTH LINE,TO THE NORTHEAST CORNER OF SAID PORTION CONVEYED TO THE CITY OF AUBURN, BEING THE WEST MARGIN OF SAID ALLEY AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°38'08"EAST, 169.00 FEET ALONG SAID WEST MARGIN TO THE NORTHEAST CORNER OF LOT 3 OF SAID PLAN OF MEADOW ADDITION TO AUBURN; THENCE ALONG THE NORTHERLY PROLONGATION OF SAID LOT 3, SOUTH 89°17'30" EAST, 10.00 FEET TO THE EAST MARGIN OF SAID ALLEY; THENCE SOUTH 00°38'08"WEST, 165.00 FEET ALONG SAID EAST MARGIN TO THE MOST WESTERLY NORTHWEST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170274; THENCE SOUTH 68°53'49"WEST, 10.77 FEET TO SAID NORTHEAST CORNER OF THAT PORTION CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY DEED RECORDED UNDER RECORDING NO. 7807170275 AND THE WEST MARGIN OF SAID ALLEY AND THE POINT OF BEGINNING. CONTAINS 1,670 SQUARE FEET, MORE OR LESS. (0.038 ACRES +1-) D. Gt� O %► - 7"1.+ \ • 4315 f• pN ►snND Oucrrc +' Project Name: Merritt Building March 13,2019 Revised September 19,2019 Job No.20449 BDG/JSE 20449L.001.doc r r EXHIBIT "B° w m Lu _ _ Z a°g 3NU' LOT , u HIpuVA S 9pp a. 049000415VOL 3' in _ _ _ _ _ N � _ a)540 00 _ _ 5 LOT 2 N CNI °pp482 0 II I S89'17'30"E 10.00' I 0492 — — PORTION OF ALLEY E ill V TO BE VACATED Si z o P,04' A5 / Cr, CC 5405 ~ 28' LOT 3 g P9N' c — — N / '� 492pp0'�0 0 4-7 In I540\c)0025 LOT 4 / p CK2 gS . 1 - _ �p0°W N", E gg '= N v o �� 1g� PAa / 8A ° pk9OOp4clo = X/� o)I N. 5 $ , .4- 14t' 51p002 50 CNI _— LOT 5 / Z LOT 6 1,_ O+ co PF0' 25 T.P.O.B. / AREA CONVEYED 54p51130 v S89'17'20`E N1� X00 / FOR STREET PURPOSES 2� BY DEED N 57.00'I x'37 REC. NO. 7807170274co I0 7 AREA S68'S3'49'1U 10.77' 0 P.O.C. o ICV • .3 3RD ST. N.E. FOR STRECONVEYED PURPOSES — BY DEED REC. NO. 7807170275 — hi if SCALE: For: JOB NUMBER HORIZONTAL 1"=50' VERTICAL N/A CITY OF • 20449 ��,N , US 18EE15 NT, WA72ND 98032 SOUTH1. AUBURN 20449L.001.000 ai e�l!d>, F 425 251-6222 _ A_ - (425)251-8782 FAX Title: SHEET %`��0V, if CIVIL ENGINEERING, LAND RIGHT OF WAY ,, •• PLANNING, SURVEYING, 4".■■ of ENVIRONMENTAL SERVICES VACATION 1 of 1 t DESIGNED XXX (DRAWN 3SE [CHECKED DJS (APPROVED BDG (DATE 69/19/19 Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-1 of 14 Record Date:9/28/2022 7:44 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): 1. Vacation Ordinance No.6759 /*mai ,REQUESTED BY �'atIT ERZAN TITLE COMPANY 2. Extension Ordinance No. 6823 gam AC0DitiiODA I011ONLY 3. Extension Ordinance No.6859 ' Reference Number(s)of Documents assigned or released: N/A ❑Additional reference#'s on page_of document Grantor(s)(Last name first,then first name and initials) City of Auburn Grantee:(Last name first) The Public Legal Description(abbreviated: i:e. lot, block, plat or section,township, range) NW 18-21-05 ❑Additional legal is on page_of the document. Assessor's Property Tax Parcel/Account Number: Parcel Numbers 5405100015,5405100025,0492000481,0492000480,and 0492000482. o Assessor Tax#not yet assigned ENG-131,Revised 11/17 Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-2 of 14 Record Date:9/28/2022 7:44 AM King County,WA • ORDINANCE NO.6859 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, AMENDING ORD. 6759 AND EXTENDING THE DEADLINE TO COMPLETE CONDITIONS • ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A PORTION OF THE ALLEY NORTH OF 3RD STREET NE BETWEEN B STREET-NE-AND-AUBURN-AVENUE-WITHIN-— -- --• THE CITY OF AUBURN,WASHINGTON WHEREAS,the City of Auburn,Washington("City"),passed Ordinance No.6759 on March 16, 2020,vacating its right-of-way located within a.portion of the alley north of 3rd Street NE,between B Street NE and Auburn Avenue,within the City,subject to conditions outlined in that Ordinance;and, WHEREAS,Section 1, Paragraph G of Ordinance No.6759 required all conditions of the vacation to be completed by September 16, 2021 or the vacation and Ordinance would be null and void;and, WHEREAS, pursuant to Auburn City Code (ACC) 12.48.090 and before the • September 16 deadline in Ordinance No.6759, the applicant requested additional time to complete the required vacation conditions in Ordinance No.6759. The City Council granted the request by passing Ordinance No.6823,which amended Ordinance No.6759 to extend its vacation condition deadline to September 16, 2022. A copy of Ordinance No.6823 is attached as Exhibit A to this Ordinance;and, WHEREAS,by letter dated March 31,2022,the applicant has indicated that due to 4 • factors outside the applicant's control, they will not be able to complete the vacation conditions by the September 16,2022 deadline set by Ordinance No.6823. The applicant ' Ordinance No.6859 ROW Vacation V1-19 May 16,2022 Page 1 of 3 7 t .`f Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-3 of 14 Record Date:9/28/2022 7:44 AM King County,WA • requests additional time to complete the conditions,and estimates completion by April 30, 2023;and, • • WHEREAS,the City has determined that the applicant has made a good faith effort to meet the vacation conditions required by Ordinance 6759,and that the applicant's request to extend the condition completion deadline to April 30,2023 is reasonable and in the public interest given the unforeseeable circumstances encountered by the applicant;and, WHERAS,the City Council has considered and approves the applicant's request for extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Amendment of City Ordinance. Section 1, 'paragraph G of Ordinance No.6759 is amended to read as follows: G. This vacation shall be effective upon completion of the provisions in paragraph E and F, above. The above described provisions *must be completed by April 30, 2023 or the vacation and Ordinance will be null and void. All other provisions of Ordinance No.6759 shall remain in full force and effect. 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 legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force • Ordinance No.6859 ROW Vacation V1-19 May 16,2022 • Page 2 of 3 Instrument Number:20220928000047 Document:ORD Rec:5216.50 Page-4 of 14 Record Date:9/28/2022 7:44 AM King County,WA 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 together with Ordinance No.6823.and Ordinance NO.6759 with the office of the King County Auditor only upon completion of those provisions Set forth in Ordinance Nb. 6759.;.at which time the vacation pursuant to Ordinance No.6759 shall be'effective under Auburn City Code 12.48..080. INTRODUCED: JUN 0 6 2022 PASSED: JUN 0 6 2022 APPROVED: JUN 0 6 2022 30.1444 '6CY BAC , MAYOR ATTEST: APPROVED AS TO.FORM: Shawn Campbell,MMG,uity Cle'r, Kendra Comeau,City Attorney PUBLISHES C Ordinance No.6859 ROW Vacation V1-19 May 16,2022. Page 3 of 3 Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-5 of 14 Record Date:9/28/2022 7:44 AM King County,WA Exhibit A ORDINANCE NO.J23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN:WASHINGTON, AMENDING THE DEADLINE'TO COMPLETE.CONDITIONS ASSOCIATED WIN VACATING . RIGHT-OF-WAY OF A PORTION OF THE ALLEY NORTH'OF 3RD STREET NE BETWEEN B STREET NE AND AUBURN AVENUE WITHIN THE CITY OF AUBURN,WASHINGTON. • WHEREAS,.the Oltyof.Auburn,Washington'(Cit ),approvedOrdinance.No.-615.9 on March 16,2020,. . 0.-copydWhichlaattachodas Exhibit Ai:Vacating rig.htFofway located' withln'aportion of the•alley flrth0.fr'Skeet NE,betweeriB•Stre.et•Ntand Auburn Avenue, within the City,subjectio.conditionS.outlined In Ordinanco-No.6759;and; _ _ WHEREAS, Section 1, Paragraph G of Ordinance No. .6759 required that :all, . _ . . conditions of the vacation be completed by September 16, 2021 or the vacation and Ordinance will be null and void;and, 'WHEREAS;the applicant has requested addltionallimetocompleteihose.provIsions set forth.in Se.dtiCrit,.Paragraphs:E, and:G-of Ofdinance.No..67.59;arld;• WHEREAS the Citr has determined :that: he applicants reqUest have September 16,2022,is reasonable In light.ofonforeseeablo-circumstances and ftrihe public interest to continue thadeadline:and, . WHERAS,the City'COuncil tras•Considered the request for extension. • NOW, THEREFORE, THE CITY COUNCIL 0.F TAE. CITY' OF AUBURN, WASHINGTON DO ORDAIN ti's a non-:codified ordinance•aafollows: Section 1:.• Exte.nsIon': The.deadline for Seiction:l.,'Paragraph G of Ordinance No.8.759 Is continued to September t6,2022. . • Ordinance No.6823 • ROW Vacation V1-19 May 26,2021 • Page 1 of 2 • . • • • Instrument Number:20220928000047 Document:ORD Rec:8216.50 Page-6 of 14 Record Date:9/28/2022 7:44 AM King County,WA . . . • • • • • • Section.2. ConstitUtiorialitv or InValidity. If artypOrtion Of this'Ortilharico.or its application to any person or circOmstances hdidinvalld,the'rernainder•oftheOrdlnance or the application of the provisionto other persona or dircUrtistances Shall nd .affected. Section 3: Implementation, The mayor Is .authdrIZed to ittiplerrieht such administrative procedures as maybe necessary to carry outthe diredtivee othis•location. Section 4. Effective Date-. This.Ordinance hall take•effect and be.in force five(5)days from and after approval,andip.ublIcationsts provided.bilaW. Section.5; ReCordation: The City Clerks directed to record this Ordinance together with Ordinance Na. 6759 with the office of the King County Auditor only upon -- • -completion of-thoseprov.igiOns7adt forth irfOrtlitlafice-Nd..6759,-erwfilch fir&tile—v.8616n • pursuant.to Ordinance No..670 shill be effective under Auburn.0.1tytede 12,48i080. 11021 2 INTRODUCED:, SIN• . . • .24.,z021 • PASSED: . APPROVED:. j',UN.2 110. . . • • .C.Y. • MAYOR: ATTEST:. • • APPROVED AS TO FORM: 11,0Lik.CV?"— CANNAJA?•• Shawn Carnpb.evNWC.,litty.Olatk Kendra.06mea.u,City Attorney PUBLiSHEDIN, g411.29(34 tkilltiNklAkak . • • Ordinance No.6823 • ROW Vacation V1-19 • • • May 26,2021 • • Page 2 of • • • • • • • Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-7 of 14 Record Date:9/28/2022 7:44 AM King County,WA • Exhibit A • ORDINANCE NO.Eta,. AN ORDINANCE OF THE CITY COUNCIL OF THE.CITY QF AUBURN WASHINGTON,VACATING RIGHT-QF..WPY OF A PORTION OF THE ALLEY NORTH OF 3R0 STREET NE BETWEEN B•STREET NE AND AUBURN..AVENUE WITHIN THE CITY OF AUBURN,WASHINGTON WHEREAS,the City of Auburn,WashIngton("City"),has received a petition signed by at teaS•t;tWb-thirds(2/3):of.theciwners of:proapertyabuttingtoright-of-way located within a portion of the'alley north:of:3!d'Street NE,between B Street NE.and Auburn Avenue,within the City,requesting vacation•of:the right-of-way;and, WHEREAS,as requlred•byChapter 12.48 of the AuburnCity'Cede,a public hearing was held In connection With the possible vacation, with notice having.been provided pursuant to statute;and, • WHEREAS,"the.:Clty Cpun611 has considered all matters presented at the public hearing on the proposed vacation,held on the 18th day of March;2020;atthe Auburn City Council Chambers hi Auburn,Washington. • NOW, THEREFORE,.'THE.. CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO'ORDAIN as a non-codified ordinance.as follows: Section 1. Vacations That•the right of way located at a portion of the Alley north of 3'd Street NE,between B Street NE and Auburn Avenue.located Within the City of Auburn,:Wasliington,legally described'as follows: THAT PORTION OF THE ALLEY,BEING 10 FEET IN WIDTH, ADJACENTTOAND COINCIDENT WITH THE EAST LINE OF LOTS 3 THROUGH 6,BLOCK 2 OF THE PLAN•OF MEADOW ADDITION TO AUBURN, .ACCORDING TO THE PLAT Ordinance No.8789 • • ROW Vacation V1-19 January 8,2020 . Page 1 of16 • Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-8 of 14 Record Date:9/28/2022 7:44 AM King County,WA • • • THEREOF RECORDED IN VOLUME 18 OF PLATS,PAGE88, IN KING COUNTY; WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT.THE SOUTHWEST CORNEA OF LOT 6 OF SAID:BLOCK•2 OF SAID PLAT; THENCE SOUTH-89°17'20"EAST,57.00.FEET ALONG 1'HE SOUTII. LINE OF SAID•.LOT 8° TO THE SOUTHWEST CORNER-OF THAT PORTION CONVEYED TO-THE CITY OF AUBURN.FOR STREET PURPOSES BY'DEED RECORDED' UNDER RECORDING NO,18071.7.02T5; _...._ _____ . __ .. _ _ _ _ THENCE NORTH 76°21'00"EAST,44.87 FEET ALONG THE NORTH LINE, TO THE NORTHEAST CORNER OF SAID PORTION.CONVEYED TO THE CITY OF AUBURN,BEING - • THE WEST MARGIN OF'SAID ALLEY AND THE TRUE.PQINT • OF•BEGINNING; THENCE NORTH 00°38'08." EAST, 169.00' FEET ALONG • Si9(R'1NESS.MARS3ItiTO THE_NQRTJIEAST_CtOF NER OF_ . ._ • LOT OOP SAID PLAN OF MEADOW ADDITIONTO-AUBURN; 'THENCE ALONG THE NORTHERLY•PROLONGATION.OF • SAID:LOT 3;:SOUTH 69°17'30"EAST,.10:00.FEET to THE EAST MARGIN.OFSAID ALLEY; • • 'THENCE SOUTH 00°38'06" WEST, 165;00. FEET ALONG SAID. EAST MARGIN TO THE MOST WESTERLY NORTHWEST CORNER OF'THAT PORTION. CONVEYED TO THE CITY OF AUBURN FOR STREET PURPOSES BY. DEED:RECORDED..UNDER RECORDING N'O..7.807170274; THENCE SOUTH.68'53'49° WEST, 10.77 FEET TO SAID NORTHEAST CORNER OF THAT PORTION:CONVEYED•TO :THE:CITY•OF AUBURN FOR STREET'PURPOSES BY:DEED . RECORDED•:UNDER RECORDING NO. 7807170276:AND THE WEST:MARGIN OF SAID ALLEY.AND THE'POINT OF • BEGINNING; • CONTAINS 1,970 SOUAR•E FEET, MORE OR LESS,.(0;038 ACRES+1-) (Also identified as Exhibit-W.) • • and as shown on the sUrvey,•a•copy of which Is attached,marked Exhibit"B"is yawed and the property lying In the tight-of--way described, shall Inure and'belong.to-those persons Ordinance No.6759 • • ROW Vacation V1.19 . • January 6,2020 • _ Page 2 of 6 • Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-9 of 14 Record Date:9/28/2022 7:44 AM King County,WA entitled to receive the property in accordance with ROW 36,73.040i conditioned upon the following: • A. ReseryEition in 'favor of the City of a parpettiat norieXclUsiv.e. Easertient'under,over,throughand:across the vacated'righti,of,Way..aa desoribed above for the purpose oflaying, maintaining, and Installing,future and existing sanitary sewer facilities and 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 as described above, The City shallhave theabseluto fight,at times as may be necessary'for-Immediate entry upon said.E.asement•Area for the purpose-of maintenance.,inspeCtion:,ConttrUction, repair or reconstruction Of the above Improvements without.ihourring any legal Obligation or liability. The City shall have the•absolute right to place any type Of dfiving surface within. said Easement Area deemed necesaary by the City. The owners.of the a.dfaCerit properties agree and shall.not.inanyway block restrict or impede access:and e.grest to or from said.Easement Area,.and/or in.any way b.lock, restrict or impede'full of the real property within.the Easement Area by-the City for the above described purposes. No'building, waif,rockery, fence„trees, ot stilmture of any kind shall be'erected or planted, nor shall.any fill materlat be plated 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 • Ordinance:No.'6759 • ROW Vacation V1-13 • • January 6,2020 Page-3 of 6 • . . Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-10 of 14 Record Date:9/28/2022 7:44 AM King County,WA existing. This easement shall be:a covenantrunriing with the adjacent property parcels and burden said real estate,'and shall'be binding on the successors,.'hoirs.and•assigtts of all parties. • B. Under the terms::cif the reservation Set out ih'Paragraph A above and in accordance with RCW 35,79.030; the City grants a private utility easement'to Puget Sound Energy over,under,arid upon the Vacated right-of-wayas.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 .dbstrudtibris bn the easement that would Interfere with the exercise of Grantees`rights: C. Under the terms:of the reservation set out ih Paragraph'A above and in accordance with ROW 35:7:9.030,the City grants a private utility eas'ementto`CenturyLink• over, under and Open the vacated right-of-way as described above forthe construction,, operation, maintenance; repair, replacement, improvement and .removal :of wireline telecommunications facilities: The:owners of,the adjacent properties Shall not erect any structures an the: easement and, shall not place trees or other•obstructions.on: the easement that would Interfere with the:exercise of:Grantee's'rights. 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,reiopation and sitting of the affected utility lines if the City and the property Ordinance No.6759 • ROW Vacation V1-19: January.6,2020 • Page 4 of 6 Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-11 of 14 Record Date:9/28/2022 7:44 AM King County,WA owners oh Whose property the titilty lines are located agree to'the removal relocations and sitting.being paid,by said property owners and with:the.remavai relocation and sitting being done in conformity with-applicable standards. E. The property owners of Parcel Nos 5405100010 and 54051.00025 shall • reserve and grant a public.access'easement across those parcels from the southern terminus of the existing•public.alley:(foliowing vacation)to B Street:NE and shali.consttuct such public access easement to'City.stan'dards•'for the purposes of allowing vehicular, pedestrian.and emergent.y'acceas:to and from the southern terminus of theexisting public alley(following vacation)to:and from B°Street•N.E. F. Direct access iron) the vacation area to 3,d Street NE. and from Parcel. No: 0492.000480 to Auburn Avenue shall be permanently closed. The Developer will be • required to remove curb cuts and driveways.and replace with.sidewalks in accordance with City Standards :Upon reservation .and construction of such: access easement. In paragraph.E,above. G. This vacation:•shall•be effective upon completion of the :provistbns In paragraph E and P, above. The above described:provisions must:be •cbnipieted by September 16,2921 or the vacation and Ordinance will'be null and void. Section2. Constitutiond1itv: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 Iv authorized to implement such • Ordinance No,875.9 • • • • R.OW'Vacation V1.19 January 5,2020 Page5of6 ' Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-12 of 14 Record Date:9/28/2022 7:44 AM King County,WA administrative procedures asmaybe necessary to carry Out the dlreCtfves.ofthis,Ibcation. Section 4. 'Effective Date, • This Ordinande 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'torecordthis:Ordinance with the office•of the King County Auditor only upon completion of those provisions Set forth in Section 1,Paragraphs E, F, and Q,above, at which time the vacation pursuant to this Ordinance shall be effective under Auburn City Code 12..48.080.. :INTRODUCED,: MAR. 1.6 2Q2O PASSED: 'MAR:.16.2G _• • -._ - _ _ _ . . _ _ APPROVED: RAp,.16..292 :. . .. K:- $0,e444A4 NACKUS,MAYOR • ATTEST: . .'Mk . Shawn Campbell, MC,: ity'Clefk APPROVED AS TO FORM: Kendraomeau,City Attorney PUBLISHED:YA(t\ 1eiSLII tr Sea '•'vir•t • Ordinance No.6759 - • ROW Vacation V1-19 January 8,2020 Page 8 of 6 • Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-13 of 14 Record Date:9/28/2022 7:44 AM King County,WA • • EXHIBIT"A'' LEGAL DESCRIPTION RIGHT-OFWAY VACATION • THAT PORTION OF THE ALLEY,BEING 10 FEET IN WIDTH,ADJACENT TG AND COINCIDENT WITH. THE EAST LINE OF LOTS.3 THROUGH 6,.BLOCK.2 OF THE PLAN OF MEADOW ADDITION,TO AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED'IN VOLUME:48 OF FLATS,PAGE'60, IN KING COUNTY,WASHINGTON.,DESCRIBEDAS FOLLOWS: COMMENCIN.GAT THE SOUTHWEST•CORNER OF LOT 0 OF SAID now 2.OF qAID.PLAT;. • .THENCE•SOUTH•89WP20."EASTI;67r.KIFEET ALONG-THESOUTH LINE!OFSAIDLOT oto THE SOUTHWESTDORNER-OF THAt PORTION.00 ED TO.THE CITY OP AUBURN.FOR:MEET PU RPOSESSyDEEDI REtoRpEaLINDEft RECOROING NO.7807170276; THENCE NORTH 76121.'00,,E.AST,44.37 FEET ALONG THE NORTH LINE;TO THE NORTHEAST CORNER OFSAIDPORTIONCONVEYEO TO THE CIMPAUBLIFtN BEING THEW.EST MARGIN OF SAID ALLEY AND THE TRUE:POINT OF BEGINNIN.Gt. -• - • — • —THENCE-NORTH OVS6'081-EAST-,169,00-FEET-ALONG-SAID-WEST MARGIN:-TOTHE NORTHEAST— • — CORNER OF LOTS OF SAID.PLAN OF'MEADOWADDMON TO AUBURN; THENCEALONG THE NORTHERLY PROLONGATION•OF SAID LOTS,SOUTH 899730 EAST, 10.00 FEETTO THE EAST MARGIN OF SAID ALLEY;' THENCE SOUTH:0Q.38W WEST,165.00 FEET ALONG SAID.EAS'T MARGIN TO.THE MOST WESTERLYNORTHWESTCQRNER OF THAT PORTION CONVEYED TO THE CITY'OF AUBURN FOR STREET'PURPOSES BY DEED RECORDEOUNDER RECORDING NO.7,807110274; THENCE.SOUTH 68°03'49"WEST;10.7P FEET TO SAID NORTHEASTCORNER OF THAT PORTION CONVEYED TGTHE CITY OF AUBURN FOR STREET PURPOSESBY DEED RECORDED UNDER RECORDING NO;7807170270AND'NEWEST MARGIN OF SAID ALLEY AND THE.POINT BEGINNING, • CONTAINS 1,870 SQUARE:FEET,MCIRE.OR LESS. (0.038 ACRES*+/..) • • ofirm s'144;:#0,,• • • 0..;.• • • IF, ;• •••`tsf0..4; •t•- , • 41-.1t1713TE09: • •••' • ' 0/00it: .• „.. • • • • • • ProjedName: Mutt Building. March I S;2010 Revleact8eptember 104010. Job No1.20440 • • BOG 20440L.001.doo • • • • • • • • Instrument Number:20220928000047 Document:ORD Rec:S216.50 Page-14 of 14 Record Date:9/28/2022 7:44 AM King County,WA • • - .• , -+T. • EXHIBIT V.B9 • . .- --- ,--- LOT I , • 01' 1°01 P of. .43WG t. .ao lei : .:?- t 1 04' 15 NiOV'' ' 0145WCP?'' to 6.1 . . • ' cn a • --1 i • r t406P• LOT a . . csi ' . N.• • gilik • • • • •••:.,,,, • I .1* • ' $8,17 W. 4 1301 10. l• , 00 1. 1.008 •-.''. • ' • • PORTION OF ALLEY ---r • , •', TO BE VACATED . ...:83 • sacio°°° / .-12 •,.. ' 28' , LOT 3 4 01.46o• . g 4 tsi 002.00 . co I 'g LOT1 . ,.• a . 660i0v" 1 0,06 2.10 / , Iv !g ,.. . . 1 __ IkeT3/1 t_42- (/1 •• *i•la • c4 0. ' I • t.4 •a -,4- .. •:049.10-- I 41J .* WO. •,.; 2 .Lpr / ,7 --1. 10.. . ....- t.... fZ/ / e• • LOT 8 , 111`2501 , • _•,.,,,, . • T,P:0 Et / , .M051:°° • . AM.CONVEY,ED al g StIPtE Fa STREET.141RFOSES: Al S89‘,17.20% WI:2 1.1' ."- BY DEED • • I 87,00' 44r,- . REC.t10. 7807170274 — I • Stiff83'49.W t0,771• 1. .P.O.C.-7. • t. 3FIP 43T,. N.E. . FANSTCROET PURPOSES N .• IBY COD REC. NO. 7807178275 ..:•-• ,,. c._ Isi - .......-:-.,,-- 4100 NLII8ER ,SCALEI For: HORIZONTALrog6OP VERTICAL. N/A CITY OF ' 20440 . . _ .... . _ ., .,. oHaz, Ia15 72NO.AVENLIE:SOUN ' 04, KENT WA 98032 . AUBUM4 20449LOOLDOC\ , 141._;.,,I\ii r,;,.. vi 4-25251-6222 ,• , - .47•.:,!JM- . 1425251_B7$2. rAx Title: vim a -.T•,•1,41ILL--- a , lo, "A4PdVAA .? CML ENGINEERING, LAND RIGHT OF WAY PLANNING, SURVEITNG, VACATION - 1 40.ikosikw ENVIRONMENTAL SERVICES • of ‘ DESIGNED __in_ riA(WN --4,F.---, (CHECKED JILL 1APPROM—gra-IDATE. CAI/19/19' ; • - : • ' -