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HomeMy WebLinkAbout6759 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-codified 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 2020 PASSED: MAR 1 6 202 APPROVED: MAR 1 6 2020 Alk _..- NA`l BACKUS, MAYOR ATTEST: Shawn Campbell, MMC, y Clerk APPROVED AS TO FORM: Kendra Comeau, City Attorney PUBLISHED: 'MAMA tK Sett InoS 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+/-) ;[141 j ',•,> ,• ' �„„„ „„ \\\v..„„9!9?,„:,,,' Project Name: Merritt Building March 13,2019 Revised September 19,2019 Job No.20449 BDGIJSE 20449L.001.doc I 1 EXHIBIT "B" w m w _ — z tviBrAk'N 'S LOT 1 L' 81.PK-00 10 S� pp 91 cil 049200415v01" 3, civ' 54p5PNp005 - — I a)I I- 10 LOT 2 .13 PP*. 482 0 S89'17'30"E 10.00' I 04g2000 hi — —I I PORTION OF ALLEY Ili '//J) TO BE VACATED a) z % o I- 0. w 015 v+ ICC- 540510 c v —— co 28 LOT 3 o PPN•4g0 d 492ppp cal PpN. LOT 4 0 v 54051000 C a 25 0 KrAc 2 :4 o it► %Dv —I MEPD0w ?o BB w / "' Q' o V Qt.' Va' CO PP 00481 = x 'CO 04920 /J� a) ) (0 o J� - �` _ .4- V `r 54500025 Z � - ' ,' N / <-'; — LOT 5 LOT 6$ 1=50' ( 54P0. 2.$ T.P.O.B. p5 50 AREA CONVEYED rn 2A'Op"E0 FOR STREET PURPOSES c I S89'17'20"E N16EED N � i 1, REC.BY NO. 7807170274 0 57,00 S68' S3'49"W 10.77' o P.O.C. AREA CONVEYED oN I M 3RD ST. N.E. FOR STREET PURPOSES BY DEED REC. NO. 7807170275 a I.: SCALE: I For: JOB NUMBER HORIZONTAL 1"=50' VERTICAL N/A CITY OF • 20449 Q'GNA(/s 18215 72ND KENT, WA 98032 AVENUE SOUTH AUBURN 20449L001.DOC j 1.t FZ 425 251-6222 o ),IL (425) 251- 8782 FAX Title: SHEET 11, "A d ? CIVIL ENGINEERING, LAND RIGHT OF WAY . "0 eNolos ENVIRONMENTAL SERVICES o• PLANNING, SURVEYING, VACATION 1 of 1 t DESIGNED XXX 'DRAWN JSE 'CHECKED DJS 'APPROVED BOG I DATE 09/19/19 CITY OF - --- "�� :- ,: RIGHT-OF-WAY VACATION STAFF REPORT "" - - WASHINGTON Right-of-Way (ROW) Vacation Number V1-19 Applicant: Davis Development Services Property Location:Right-of-Way located at a portion of the Alley north of 3rd St NE, between B St NE and Auburn Ave. Description of right-of-way: This ROW proposed for vacation consists of a portion of the alley north of 3rd Street NE between B Street NE and Auburn Avenue. The proposed ROW is adjacent to Parcel No. 0492000482, 0492000480, and 049200048 on the east and Parcel No. 5405100015 and 5405100025 on the west, and City right-of-way to the north and south. The total proposed area of ROW for vacation is approximately 1,670± square feet. The proposed ROW vacation area was originally dedicated to the City of Auburn for street purposes with the plat of Meadow Addition to Auburn on December 20, 1909. See Exhibits "A" and "B" for legal description and survey. Proposal: Parcel No. 5405100025 currently has a medical office building that the applicant is proposing to construct additional parking for as they indicate that the number of stalls currently available is not adequate for the building and it's uses. The Applicant proposes that the City vacate the above described right-of-way so that they can include the area into the construction of additional parking on the adjoining parcels. The applicant would also close access points from the existing parcels to Auburn Avenue and 3rd Street NE that currently conflict with the City's future plans for access improvements in the area associated with Transportation Improvement Project#R-16. See the attached Site Plan for access points to be closed associated with the proposed vacation. 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. 1 of 4 January 6,2020 V1-19 Staff Report • 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. • Vacation of the alley and closure of associated parcel access points onto Auburn Avenue and 3rd Street NE supports the City's Transportation Improvement Project (TIP# R-16) for Regional Growth Center Access Improvements. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff. 1. Puget Sound Energy (PSE) — PSE has overhead and underground electrical facilities and will require an easement be retained across the proposed vacation area. 2. Comcast— No comments from Comcast were received. 3. CenturyLink— Comments from CenturyLink were received requesting an easement be reserved for facilities currently located in the right-of-way. 4. Engineering —All existing access points onto Auburn Avenue and 3rd Street NE to the parcels benefiting from the vacation will need to be closed, including removing curb cuts and replacing with sidewalk, and an access point to the parcels would need to be established from B Street NE. This would need to be completed within 18 months if the proposed vacation is approved or the vacation should be null and void. 5. Transportation —A condition of approval is the requirement to create an access easement and construct a new alley connection between the southern terminus of the existing public alley (following the vacation) and B Street NE. 6. Water— No comments. An easement is not needed as there are no water facilities. 7. Sewer—An easement will need to be retained across the proposed vacation area for the existing sewer line. 8. Storm —No comments. An easement is not needed as there are no storm facilities. 9. Planning — No comments. 10.Fire— No comments as the alley is not considered part of fire access. 11.Police — No comments. 12.Streets— No comments. 13.Construction —No comments. 14.Innovation and Technology— No comments 2 of 4 January 6,2020 V1-19 Staff Report 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 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 "SALES APPROACH VALUE" at $55,000.00. The right-of-way has been right-of-way for more than 25 years and was acquired through dedication for street purposes with the plat of Meadow Addition to Auburn on December 20, 1909. Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. An easement shall be reserved for City of Auburn sanitary sewer facilities. 2. An easement shall be reserved for Puget Sound Energy electric facilities. 3. An easement shall be reserved for CenturyLink telecommunications facilities. 4. A public access easement from the southern terminus of the existing public alley (following vacation) to B Street NE shall be reserved and constructed to City standards for the purposes of allowing vehicular, pedestrian, and emergency access, to individual parcels north of the vacation area and adjacent to the vacation area. 3 of 4 January 6,2020 V1-19 Staff Report 5. After completion of Condition No. 4, all existing access points onto Auburn Avenue and 3rd St NE to Parcel Nos. 5405100015, 5405100025, 0492000481, and 0492000480 shall be closed by removing curb cuts andreplacing with sidewalk. 6. Completion of Condition Nos. 4 and 5 above shall be accomplished within 18 months of the approval of the vacation or the vacation shall be null and void. 7. Staff recommends that compensation for the value of the right-of-way not be required as it was acquired through dedication of a plat at no cost to the City. 4 of 4 January 6,2020 V1-19 Staff Report B STREET NE•: m. .::::::_:- � NEW DRIVEWAY f 44.87'—_ _._.. ---45.13*- .._....... __ 45.00' t 44.87' 49.66 12. 9' _ I• PPR 0�25 1 w ' 540 M ! O I 6` o CA __..._.___.. T05‘0 c,01.' 1h R ��pS ( oZ -.... j 56051p 54051 00 I d� Zii 1 o w o rri o c a..._^^._1 0 20' o0 0 /� p o lJ_ o 'DRIVE o o I-: f r 24' ACCESS O Z o M ( O PARKING TOTAL EXISTING PARKING STALLS 15 \ 34.00' 45.00' 45.00' 4''.00' 45.00' 55.00' NEW PARKING STALLS (19'x9') 30 21 k1.70.7& A.\ OF SITE �LOTST STALLS 10 96.70' o .8 0' 56.84' 66 00' TOTAL: 76 \ \ •• '? GE1,i481 ' 1 p ' PPF 000 !^ 7 f 0492^' a9 CEti 8p EXISTING ACCESS �\ �g,p� > "r °" Pp2000b c) TO BE REMOVED '''''''',.i ' 49 ' S6 ;r N. PRG 048 N TO BE VACATED �OF WAY � >.,. ` s . \, n 9'1 o PARCp 0 i5 --1 »< '../.. 0492 n EXISTING DRIVEWAY o i TO BE REMOVED u % _ .13j q8. w:-- De4ymd JEP �01e' �GHA(i� 18215 72ND AVENUE SOUTH SITE PLAN Job Number For: Title: Drem JEP Horizontal to ....L._ 4%...& KENT,45)251-62222 DAVIS .PROPERTY AND OPTION 7 UPDATED 20449 ��ao Checked _IV_ (425)251-8782 FAX INVESTMENT Sheet NB G �c APPmcd DiZ`P ce Vertical ,4,i'� 9 CML ENGINEERING,LAND PLANNING, 22757 72ND AVE S f!'E106 Date — — `<TV I iP SURVEYING.ENVIRONMENTAL SERVICES KENT, WA 98032 _101_1 'NG ENO'''. 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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 i CORfD1143REQUESTEDBY t1121TAMERICAN TITLE COMPANY 2. Extension Ordinance No.6823 ISM ACCOP,AY:ODATIONONLY 3. Extension Ordinance No.6859 ' Reference Number(s)of Documents assigned or released: N/A DAdditional 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 D Additional legal is on page_of the document. Assessor's Property Tax Parcel/Account Number: • Parcel Numbers 5405100015,5405100025,0492000481, 0492000480,and 0492000482. D Assessor Tax#not yet assigned ENG-131,Revised 11/17 Instrument Number:20220928000047 Document:ORD Ree:8216.50 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 aro 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 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 Instrument Number:20220928000047 Document:ORD Rec:8216.50 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:$216.50 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 No.6759.; at which time the vacation pursuant to Ordinance No.6759 shalfbe effective under Auburn City Code 12.48.080. INTRODUCED: JUN 0 6 2022 PASSED: Jl1N O 6 2022 APPROVED: JUN 0 6 2022 1.4,4, ; 1 'ICY BA"CKUS, MAYOR ATTEST: APPROVED AS'TO.FORM: 1: , - e1/4'� VtaL GekY�ec(.tA Shawn Campbe ', MMCG, ity Clea, Kendra Comeau,City Attorney PUBLISHEb! - -- et ,.4Z-zr, • 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,:61323 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 3R0 STREET NE BETWEEN B STREET NE AND AUBURN•• AVENUE.WITHIN THE CITY OF AUBURN,WASHINGTON - • WHEREAS,..the City-of Auburn,Washington fOltyl,approvedbrdinance.No..6159 on March 16;20. 0.,a.copy.Of Whicilitattacherits Exhibit&Vacating rig.htF0Pway located' within'a portion of the alley fierth of 60 Street NE,behveert BareetNE and Auburn Avenue; within the City,.subject tobonditiont.outlined In Ordineticallo.6759;arld _ _ '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 applieant has requested ad.ditionalitimetocompleteitiose.provisions set forth.in Sebtibri t'Peragrapha E,F arid Oaf Oedihance.No..67.69 .aricl; WHEREAS, the City has .determined tat:the apPlicarirs reciliest'to have •until: September 16,2022,Is reasonable fnlig u nforeseeable clroutrista noes anti:trite public interest to cOntinue the`deadline;and„ . . WHERAS,the.City COun cll has-considered the request far extension. • NOW, THEREFORE, THE CITY 'COUNCIL OF THE. CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance-as:follows: Section 1:. Extenaiim The.tfetiO One.for completion irr Section1.,'Paragraph G of Ordinance N .0759 Is contlruied to September 16,2022. . - Ordinance No.6823 • ROW Vacation V1-19 May 26,2021 • Page 1 of 2 . • • • • • Instrument Number:20220928000047 Document:ORD Rec:5216.50 Page-6 of 14 Record Date:9/28/2022 7:44 AM King County,WA Section 2. ConstItutionalitv.or Invalidity. If any'portion Of this:Otdihance.or its application to any person or circumstances Is held invalid,the'remainderofthe Ordinance . or the application of the provisions to other persona or circUnstances.ehall trot:be.affected. Section 3: Implementation, The 'mayor Is -authorized' to Iriiplerrierit• such administrative procedures as may be necessary toCarry 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.tiy•I"aW. Sectlon.5. Recordation: The City Clerk is directed to record this Ordinance together with Ordinance No. 6759 with the office of the Xing County Auditor only upon - 'completion ofthos-eprovislons set fOrth in"Ordihance-No..6759,-at:Wiiicfi filna•the vacation ' • pursuant.to Ordinance No.•675.9 shall be effective under Auburn City'Code 42,.4.8:080. INTRODUCED:, •J:UN'2 1.'2021 • PASSED:• J•314 2.1.x021 ... APPROVED:. . JUN .2�2 . • 1/ ,CY BAG!US,.MAYOR: ATTEST: • APPROVED`` AS TO FORM: CfinNattr, Shawn Carnpbe ,.!.`C,' ity.Clerk Kendra Comeau,City Attorney PUSLLISHEIAWitt Pkt.M.1 0046iitikt Ordinance No.6823 • ROW Vacation V1-19 • May 26,2021 • Page2of2 • 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 N0.§le AN ORDINANCE OF THE CITY COUNCIL OF"'He CITY OF AUBURN WASHINGTON,VACATING RIGHT-OF•.WAY 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 ofAub.uin,W.ashIngton("City"),has received a.petition•signed by at least't4VO4thirds;(2/3):of:the.dwners of prop-erty abutting•to.rtght-of=way.located within a portion of the alleynorUi oi:3!d''Stieet NE;:between B Street NE.and Auburn.Avenue;within the City,requesting vacationof:the right-of.way;and, WHEREAS,as requlred•by•Chapter 12.48 of the AuburnOltyCode,a public hearing • was held in connection With the possible vacation, with notice having,:been provided. pursuant to statute;and, • WHEREAS:the.:Clt' Cpunc)I'has considered all matters presented at the•'public • hearing on the,proposed'vacatlon,held on-the 16th day of March;2020,atthe Auburn City Council Chambers in Auburn,Washington. • NOW, 'THSREFQRE, THE •CITY COUNCIL. IOF 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'3rd Street NE,between B Street NE and Auburn Avenue.located Within the City of. Aubum,:lllfasiiington,1egally described as follows:- • • THAT PORTION OF THE ALLEY;BEING 10 FEET IN WIDTH, ADJACENTTOAND'COINCIDENT WITH THE EAST LiNE OF• LOTS 3-THROUGH e,BLOCK 2 OF THE-PLAN OF'MEADOW ADDITION TO AUBURN, ACCORDING- TO THE PLAT Ordinance No.9789 ' • ROW Vacation V1.19 January 8,2020 . . • • Page i•of'6 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,PAGES6, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT.THE SOUTHWEST CORNER OP LOT S OF SAID:BLOCK/OF SAID PLAT; THENCE SOUTH.89°1'2G EAST,57.00•FEETALONG THE 'SOUTH' LINE OF SAID LOT 8° TO THE .SOUTHWEST CORNER-OF THAT PORTION CONVEYED TO•THE CI1'YOF • AUBURN:FOR STREET PURPOSES BY DEED RECORDED. UNDER RECORDING NO.7807_i7.0275; _...-. _____ . ._ .. _ _ _ _ THENCE NORTH 76°2100"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 SA(D'1lVEaT .MARGIN_TO THE_NORTJ-lEA8T:QO_ RE_R.OF_ . _ _ . LOT 10PSAID.PLAN OF MEADOWADDITIONTtAUBURN; 'THENCE ALONG THE NORTHERLY PROLONGATION OF • SAID:LOT 3;SOUTH:89°17'30"EAST,.10:00.FEET TO THE. EAST MARGIN OF•SAIDALLEY; • • • THENCE SOUTH 00°38'08" WEST, 16500. 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..7.80717Q274; • THENCE SOUTH 68°53'49" WEST, 1077 FEET TO SAID. NORTHEAST CORNER OF THAT PORTION CONVEYED'TO THE:CITyOF AUBURN FOR STREETPURPOSES BY:DEEO . RECORDED•:UNDER•RECORDING NO. 78071.70275.AND THE WESTMARGIN OF SAID ALLEY AND THEE:POINT OF BEGINNING • CONTAINS 1470 SQUARE FEET, MORE OR LESS.,•(1:036 ACRES+1-) (Also Identified as Exhibit A".( and as shown on the survey,a copy of which Is attached,marked Ekhlblt"B"Is Vaoated 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 - 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 IICW 35.70.040i conditioned upon the following: • A Reservation in *favor of the City of a perpetual gorteXclUsive Easertiont'underi Over,through and across the vacated righti,of•Wey.as described above for the purpose of laying, maintaining, and installing.futUre and eating 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 theabselute right,at times as may be necessary:for:immediate entry apon.said Easernerit Area for the purpose of maintenance,inspeOtion:,Conatruttion., repair or recoristruOtiOn 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. said Easement Area deemed necessary by the City. The owners.of the a.cifeeent properties agree and Shall not Inalvwsty block;restrict or Impede access:and egress to.or from said Easement Area,and/or many way block, restrict or impede full:Use:Of the real property within.the Easernerit Area by'the City for the above described:purposes. No'building, well',rock:ely, fence„trees, ot•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 writtertcons.ent 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.13759 ROW Vacation V1-1 e • • January 6,1020 Page a 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 covenant.running with the adjacent property parcels and burden said real estate,•antl shall'be binding on the successors,.'heire and assi9tts of all parties. • B. Under the terms:•of the reservation Set out Iii Paragraph'A above and in accordance with RCW 35,79.0.30; 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 cbstructibns on the easement that would Interfere with the exerciseaf•G'rantees`•rights, C. Under the terms°'.of the reservation set out in Paragraph A above end in accordance with ROW 35:79'.030,the City grants a private utilityeasementto`CenturyLlnk• 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:ekercise 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.,relocation and'sitting of the affected utility lines if the City and the property Ordinance No.6759 • ROW Vacation VW 19: January•6,2020 • Page 4of6 Instrument Number:20220928000047 Documcnt:ORD Rec:$216.50 Page-11 of 14 Record Date:9/28/2022 7:44 AM King County,WA 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`reloPatio.n;rid sitting, being done in conformity with applicable standards. E. ,The property owners of Parcel Nos, 540510'001 and 5401.00025 Shall • reserve and grant a public.access easement a.cross these parcels from the southern terminus of the existing.publiballey4followIng vacation)to B Street:NE and sh.alloonstruct such public access easeihent to.City standards for the purposes of allowing vehicular, pod estrian.and.emergenOyacceisto and from•the southern terminus of theaxisting public • alley(following vacation)to and from B Street.NE. F. Direct access. froth the Vacationarea to 3,d Street NE. an 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 aOcordance with City Standards :Upon reservation and construction of such: access.easement in paragraph.E,above. 0, This •VatatiOn:shell•be effective upon completion of the. prOVISIOns in paragraph E and 'F, above. The above:described,provisions' must fb e-compieted by September 16;.2.021 or tha vacation and Ordinance will be null and void. Section.2. Constitutionalitvor lhvaliditv, If any portion of this Ordinenceor 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.circumstahces shall not be effected. Section 3. irriplehiebtatiOn. The mayor Is authorized 'to implement such • . . . . . Ordinance'No,e6.9 • • • . . ROW•VacatIon Vt.19. January 8',2820 • • • • • •-• • Page 6 of 8 ' • • Instrument Number:20220928000047 Document:ORD Rec:8216.50 Page-12 of 14 Record Date:9/28/2022 7:44 AM King County,WA administrative procedures as:may:be necessary to carry out the directives.ofthis.Ibcation. Section 4. 'Effective Date, This Ordinance shell take.effect,and be in force five(5)days from and.after•passaga,approval,and publication as.provided by.law. Section 5; Recordation. The City Clerk Is directed'tarecorttthis Ordinance with the offlce.of•the King County Auditor only upon completion of those provisions let forth In Section 1,Paragraphs E, F,and G, above, at which timethe vacation pursuant to this Ordinance shall be effective under Auburn City Code 12.48.080, :INTRODUCE[: MAR. 1 CD2, PASSED: 'MAR:..Y S,2b�0.:... . ...... • APPROVED: .MRR`.1 l? 2D2Q: NA CKUS,MAYOR • ATTEST: • . . . . . Shawn Campbell,MMC ty Clerk APPROVED AS TO FORM: Kendra Comeau,City Attorney PUBLISHED:-�Yl�i4 Iq ' tin SIe4NV`C1M S Ordinance No.6759 ROW Vacation V1-19 January 8,2020 • Page 8 of 6 Instrument Number:20220928000047 Document:ORD Rec:$216.50 Page-13 of 14 Record Date:9/28/2022 7:44 AM King County,WA • • EXHIBIT"A" LEGAL DESCRIPTION • RIGHT,ORWAYVACATION •• . • THAT PORTION OF THE ALLEY,BE1N010 FEET IN WIDTH,ADJACENT TO.AND•COINCIDENT WITH. THE EAST LINE OF LATS 3 THROUGH 6,BLOCK.2 OF THE PLAN OF MEADOW.ADDITION.TO AUBURN,ACCORDING TO THE PLAT THEREOF RECORDED IN:VOLUME:48•OF PLATS,P.AGE'89, IN KING COUNTY,WASHINGTON,,DESCRIBED A8 FOLLOWS; COMMENCIN.G.AT THE SOUTHWEST'CORNER OF LOT 6.0F SAID BLOCK 2OF SAIJO.PLAT;. • THENCES,OUTH 89°47'20"EAST,;57,00FEET ALONG-THE•SOUT.H LINE QF•SAI.D'LQT B.TO THE SOUTHWEST CORNER-OF THATIPORTION CONVENED TO.THE CITY OF AUBURN.FOR STREET PURPOSES••BYDEEP.RECORD EaWNDERRECORDING NO 7807117:0275; THEN.CE.N.ORTI4 7(°21;00EAST,4.4.37.FEETALONJ3 THE NORTH LJNE;.TO THE NORTHEAST CORNEROFEAIO.PORTIONCONYEYED TOTHE CITY•OFAUBURN,BEING THEWEST MARGIN OF SAID ALLEY AND THETRUEPOINT OFSEGINNING;. — • 7HENGE-NORTH 0023086-EAST;16$;00-FEET-AL-ONGSAID-WESTMARGIN-TO•THE NORTHEAST— • — - -• CORNER OF LOT 3.OF SAID.PLAN OF'MEADOWADDITION TO AUBURN; THENCEALONG THE NORTHERLY PROLONGATION.OF SAID LOT 3,SOUTH'89.°17'30"EAST, 10.00 FEETTO THE EAST MARGIN OF SAID ALLEY: THENCE SOUTH:00°38'08"WEST,188.00 FEET ALONG SAID EAST MARGIN TOTHE MOST WESTERLYNORTHWESTCQRNER OF THAT PORTION CONVEYED TO THE CITY'OF AUBURN FOR STREET PURPOSES BY DEED RECORDEDUNDER RECORDINGNO. THENCE.SOUTH 88°63'49"WEST;10.77'FEET TO SAID NORTHEAAST•C'ORNER.OF.THAT PORTION CONVEYED'TO-THE;CITY OF AUBURN FOR STREET PURPOSES:BY DEED RECpRDEO UNDER RECORDING N0:7807170275•AND THEWEST MARGIN OF SAID ALLEY AND.THE:P.OINT OF BEGINNING, • ' CONTAINS 1,670 SQUARE:FEEZ MORE OR LESS. (0.038 ACRES+1.) Anzi "ruHyP 'C. • :' 'As S % aI;�Rlsr> N9l,'LAl10'.. 6/09/1. • • R,oleot'Namo: Morrill Building. March 13;2Q10 RoNead.Septomber i2:2012. • Job No.20440 Bo©/JSE . • 2044L,001.doo • Instrument Number:20220928000047 Document:ORD Ace:$216.50 Page-14 of 14 Record Date:9/28/2022 7:44 AM King County,WA ' . . . • . , . , e — : • . I• • . EXHIBIT vB' - . . a • , . & , t.uksv' ,,34..gyk,0' ____ LOT 1 .PiC")' 1ER • . tt.1.0100A • .E 009.901.' 64 I . . co —— • .—,— 0' 05 -... .' .- . ! . r t40.t°0) .LOT 2 ' o t•N4 . • b.7-..:.• '. S89171301 T0'..00'. t 030 0101 • Ti I l'E --L • •„ • . PORTION or ALLEY .C. —.--.. • : • , : ' TO DE VACATED 12 545‘0°° —— . /• v. ta ' 28. LOT 3 N914,4\480' 0420' . gt cs3 I LOT 4 • •: 5140Avv- - i . ,..: v011 N'31))1 te, ".: . • .. *k• I ——I —• • Wit0 • P AS it'y' . . r.1 .o • la"16' —3 /*Ss14* i • ' .c •x • . ,,Cil 1 * ''''' • .* 104' ',.,4b, z'0 1 'Z '"-I / . Is•: . .. , t • z.44 , vp51%,- • • • . AREA.CONVEYEO -cn: ,p,100"'S i' S891720% ‘''''' 31' • • RA STREET.PLI STRRPOSES: A.. ay,ocr.o. I 57.00' , ;6111111 RC.•NO, 78071.70274 — I . - SQ814149V tO,77"• ..-. .P.O.C.7 ' —AREA CONVEYED M. 3R0 'U. N.E. FOR.STREET PURPOSES • _ , .... BY.KED REC. NO. 780717O275 - e id . .... - " 'SCALEi For ;J013 NillElER HORIZONTAL I''`6(1' VERTICAL NIA OITY OF ' '20449 .014A ti lail g 72ND:AVENUE:SOUTH: i ..41- ... (..0KEll WA 9802 . AU•BURN 204491.001.400 025 281-8222- - , „dp.4„,,.. ...... , (42251-6782.FAX Title: 'SHEET % •9 17,117.-1 ..I'' own. ENGINEERING, LAND RIGHT OF WAY ,,,. PLANNING,SURVEYING,wmikVACATION - • '.iw ENVIRONMENTAL SERVICES..., N DESIGNED ---.%q4.- [WWII --Ar--, (CHECKED_.„..J2,111APPROVED_Eltri..,....1. orCATE`.. gill 9/19' • ' . •