HomeMy WebLinkAbout6929 ORDINANCE NO. 6929
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, VACATING CITY RIGHT-OF-
WAY LOCATED WITHIN A PORTION OF 108TH AVENUE SE
THAT LIES SOUTH OF LEA HILL ROAD WITHIN THE CITY
OF AUBURN, WASHINGTON
WHEREAS, the City received a petition signed by at least two-thirds (2/3) of the
owners of property abutting unopened right-of-way located within a portion of 108th
Avenue SE that lies south of Lea Hill Road. The petition requested the City to vacate its
interest in this right-of-way; and,
WHEREAS, as required by RCW 35.79.010 and Chapter 12.48 of the Auburn City
Code, the City held a timely noticed public hearing in connection with the possible
vacation. The hearing took place at the Auburn City Council Chambers on February 20,
2024; and,
WHEREAS, the City Council has considered all matters presented at the Public
Hearing on the proposed vacation, and has determined that subject to the conditions set
forth in Section 1 of this Ordinance, vacation of this right-of-way is appropriate and in the
City's best interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation of City right-of-way. The right-of-way located within a
portion of 108th Avenue SE that lies south of Lea Hill Road, located within the City of
Auburn, Washington (legally described in attached Exhibit "A", shown on the survey
depiction marked as attached Exhibit "B", and subject to an easement for ingress and
egress and utilities under King County Recording Number 5662631) is vacated. The
Ordinance No. 6929
December 13, 2023
Page 1 of 5
property lying in this described right-of-way 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 of a perpetual Nonexclusive Easement in favor of the City
(Easement) under, over, through, and upon the west ten (10) feet of the vacated right-of-
way (described in Exhibit"A" and depicted in Exhibit"B") (Easement Area)for the purpose
of laying maintaining, and/or installing existing and future water utility facilities. This
Easement shall reserve a City right to grant further easements for utilities over, under,
and on all portions of the vacated right-of-way.
1. The City shall have the absolute right: (a) for immediate entry upon
said Easement Area at times as may be necessary for the purpose of
maintenance, inspection, construction, repair, or reconstruction of the above
facilities or improvements without incurring any legal oblication or liability; and (b)
to place any type of driving surface within the Easement Area deemed necessary
by the City.
2. The owners of the adjacent properties agree and shall not in any way
block, restrict, or impede access or egress to or from the Easement Area and/or in
any way block restrict, or impede the City's full use of the real property within the
Easement Area for the aboce described purposes. No building, wall, rockery,
fence, trees, or structure of any kind shall be erected or planted, nor shall nor shall
any fill material be placed within the boundaries of said Easement Area, without
the express written consent of the City. Except as required or approved by the
City, no excavation shall be made within three feet of any improvements or facilities
Ordinance No. 6929
December 13, 2023
Page 2 of 5
within the Easement Area. The surface level of the ground within the Easement
Area shall be maintained at its current elevation.
3. This Easement shall be a covenant running with the property parcels
adjacent to the Easement Area. It shall burden that real estate, and it 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, through and upon the west ten (10) feet
of the vacated right-of-way (described in Exhibit "A" and depicted in Exhibit "B")
(Easement Area) 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 and shall not place trees or other obstructions on
the easement that would interfere with the exercise of Grantee's rights.
This easement shall be a covenant running with the property parcels adjacent to the
easement area. It shall burden that real estate, and it shall be binding on the successors,
heairs, and assigns of all parties.
C. In accordance with RCW 35.79.030 the City grants a private utility
easement to Comcast Cable Communitactions, LLC over, under, through and upon the
west ten (10) feet of the vacated right-of-way (described in Exhibit "A" and depicted in
Exhibit "B") (Easement Area) for the construction, operation, maintenance, repair,
replacement, improvement, and removal of cable facilities. The owners of the adjacent
property shall not erect any structures and shall not place trees or other obstructions on
the easement that would interfere with the exercise of Grantee's rights.
Ordinance No. 6929
December 13, 2023
Page 3 of 5
This easement shall be a covenant running with the property parcels adjacent to the
easement area. It shall burden that real estate, and it shall be binding on the successors,
heairs, and assigns of all parties.
D. Any reserved or granded utility and access easements referenced in
Paragraphs A, B, and C above may be modified to accommodate the removal, relocation,
and siting of affected utility lines and facilities by agreement between the Utility Owners
and the property owners on whose property the utility lines and facilities are located. Any
suc removal, relocation, or sitting must be paid for by the property owners, and must be
performed in accordance with applicable laws and 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 those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. Effective Date. This Ordinance will take effect and be in force five
(5) days from and after its passage, approval, and publication as provided by law.
Ordinance No. 6929
December 13, 2023
Page 4 of 5
Section 5. Recording. The City Clerk is directed to record this Ordinance with
the King County Recorder, at which time the vacation outlined in this Ordinance shall be
effective under Auburn City Code 12.48.080.
INTRODUCED: FEB 2 0 2024
PASSED: FEB 2 0 2014
APPROVED: FEB 2 0 2024
A► : A('r rS M A YO'
•
ATTEST: PPROVED ATO j :
-41Bir
Shawn Campbell, MMC, City Clerk Harry B1 e, Acting City Attorney
Published:Published:TeVrutitm 22 '1b2111 IhIN,cct ,Tl a
Ordinance No. 6929
December 13, 2023
Page 5 of 5
EXHIBIT A
LEGAL DESCRIPTION OF RIGHT OF WAY VACATION
(PORTION OF 108TH AVENUE SOUTHEAST)
THE WEST 30.00 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8,TOWNSHIP 21 NORTH,RANGE 5
EAST OF THE WILLAMETE MERIDIAN.
SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES UNDER KING COUNTY RECORDING
NUMBER 5662631;
AND SUBJECT TO AN EASEMENT FOR CITY OF AUBURN WATER UTILITIES OVER THE WEST 10.00 FEET
THEREOF;
SITUATE THE COUNTY OF KING COUNTY,STATE OF WASHINGTON.
•
CONTAINING 4,950 SQUARE FEET
E. ,1'l
1 ` �p���.VV�J
nr. ...
EXHIBIT B
RIGHT OF WAY VACATION MAP
1
I
I
II KCSP 478076,
30' I REC. NO. 7905210767
I I LOT 1
NORTH./4U'NESECF1/4N, SEC. 8N. N 1/2,1
T2SWN, 81/84.E.E, WM
I ,+/,
I
30.0 52 S 86'32'31' E
•-1
� 3 .....--
'''''.7:.,.1;-:::"-.-.-7:
3'
EXISTING I — DRIVEWAY ACCESS
DRIVEWAY °3.,.....,. .- --•- ; 10.0' & UTILITY EASEMENT,
s� r REC. NO. 5662631
i w
c 0= . . .IQ HOUSE • i�tagaiiii
j . iIN
-TI I I/I W w
•
W w N . I . .
¢N, n
f o En w Z.•.I.•.. . . s TP 082105-9033
0
I r W I o' 171
31410 108TH AVENUE SOUTHEAST
• •.•I•���Q•c•
AUBURN, WASHINGTON 98092
30, Q4.m •• �' LOT 1 KING COUNTY SHORT PLAT
I NO. 976023, REC. NO. 7701210613.
•THE WEST 10' . . . . . .
TO ER BE
" .10.00:
I" " . SOUTH LINE OF N 1/2, N 1/2, SW 1/4,
RESERVED 30.00'•.' NW 1/4, SE 1/4, SEC. 8, T 21 N. R 5 E, wm
FOR THE CITY N 86.31 34 W
OF AUBURN
WATER UTILITY
EASEMENT
0' 30' 60' 90'
LEGEND — — mom
ow
AREA TO SCALE: 1u=30'
' ' '•. ' BE VACATED PREPARED FOR:
SERHIY & UUYA BOYKO
F/
BUILDING •c E�».o
j/ PREPARED BY:N ` s.
SADLER BARNARD & ASSOC.
717 W. STEWART if- '`` ai ; •
DECK PUYALLUP, WA 98371 ' /
PHONE: 253-848-5170 ::a�, -
�. REFERENCE: /'hu'ury
JOB NO. 2023-086 ` 7�-9- 23
[nstrument Number:20240227000633 Document:ORD Rec: $310.50 Page-1 of 8
Record Date:2/27/2024 1:43 PM
Electronically Recorded King County,WA
Return Address:
Auburn City Clerk- 0
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Ordinance No. 6929—Vacation No. VAC23-0001
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)
The City of Auburn
Grantee: (Last name first)
Boyko, Serhiy & Liliya
McGuffin, Jay
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SE 8-21-5
®Additional legal is on pages 6-7 of the document.
Assessor's Property Tax Parcel/Account Number:
082105-9033, 082105-9041
0 Assessor Tax#not yet assigned
[nstrument Number: 20240227000633 Document:ORD Rec: $310.50 Page-2 of 8
Record Date:2/27/2024 1:43 PM King County,WA
•
•
ORDINANCE NO. 6929
AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, VACATING CITY RIGHT-OF-
WAY LOCATED WITHIN A PORTION OF 108TH AVENUE SE
THAT LIES SOUTH OF LEA HILL ROAD WITHIN THE CITY
OF AUBURN, WASHINGTON
WHEREAS, the City received a petition signed by at least two-thirds (2/3) of the
owners of property abutting unopened right-of-way located within a portion of 108th
Avenue SE that lies south of Lea Hill Road. The petition requested the City to vacate its
interest in this right-of-way; and,
WHEREAS, as required by RCW 35.79.010 and Chapter 12.48 of the Auburn City
Code, the City held a timely noticed public hearing in connection with the possible
vacation. The hearing took place at the Auburn City Council Chambers on February 20,
2024; and,
WHEREAS, the City Council has considered all matters presented at the Public
Hearing on the proposed vacation, and has determined that subject to the conditions set
forth in Section 1 of this Ordinance, vacation of this right-of-way is appropriate and in the
City's best interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation of City right-of-way. The right-of-way located within a
portion of 108th Avenue SE that lies south of Lea Hill Road, located within the City of
Auburn, Washington (legally described in attached Exhibit "A", shown on the survey
depiction marked as attached Exhibit "B", and subject to an easement for ingress and
egress and utilities under King County Recording Number 5662631) is vacated. The
Ordinance No. 6929
December 13, 2023
Page 1 of 5
Instrument Number: 20240227000633 Document:ORD Rec: $310.50 Page-3 of 8
Record Date:2/27/2024 1:43 PM King County,WA
•
property lying in this described right-of-way 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 of a perpetual Nonexclusive Easement in favor of the City
(Easement) under, over, through, and upon the west ten (10) feet of the vacated right-of-
way(described in Exhibit"A"and depicted in Exhibit"B") (Easement Area)for the purpose
of laying maintaining, and/or installing existing and future water utility facilities. 'This
Easement shall reserve a City right to grant further easements for utilities over, under,
and on all portions of the vacated right-of-way.
1. The City shall have the absolute right: (a) for immediate entry upon
said Easement Area at times as may be necessary for the purpose' of
maintenance, inspection, construction, repair, or reconstruction of the above
facilities or improvements without incurring any legal oblication or liability; and (b)
to place any type of driving surface within the Easement Area deemed necessary
by the City.
2. The owners of the adjacent properties agree and shall not in any way
block, restrict, or impede access or egress to or from the Easement Area and/or in
any way block restrict, or impede the City's full use of the real property within the
Easement Area for the aboce described purposes. No building, wall, rockery,
fence, trees, or structure of any kind shall be erected or planted, nor shall nor shall
any fill material be placed within the boundaries of said Easement Area, without
the express written consent of the City. Except as required or approved by the
City, no excavation shall be made within three feet of any improvements or facilities
Ordinance No. 6929 •
December 13, 2023
Page 2 of 5
instrument Number: 20240227000633 Document:ORD Rec: $310.50 Page-4 of 8
Record Date:2/27/2024 1:43 PM King County,WA
within the Easement Area. The surface level of the ground within the Easement
Area shall be maintained at its current elevation.
3. This Easement shall be a covenant running with the property parcels
adjacent to the Easement Area. It shall burden that real estate, and it 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, through and upon the west ten (10) feet
of the vacated right-of-way (described in Exhibit "A" and depicted in Exhibit "B")
(Easement Area) 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 and shall not place trees or other obstructions on
the easement that would interfere with the exercise of Grantee's rights.
This easement shall be a covenant running with the property parcels adjacent to the
easement area. It shall burden that real estate, and it shall be binding on the successors, .
heairs, and assigns of all parties.
C. In accordance with RCW 35.79.030 the City grants a private utility
easement to Comcast Cable Communitactions, LLC over, under, through and upon the
west ten (10) feet of the vacated right-of-way (described in Exhibit "A" and depicted in
Exhibit "B") (Easement Area) for the construction, operation, maintenance, repair,
replacement, improvement, and removal of cable facilities. The owners of the adjacent
property shall not erect any structures and shall not place trees or other obstructions on
the easement that would interfere with the exercise of Grantee's rights.
Ordinance No. 6929
December 13, 2023
Page 3 of 5
Instrument Number: 20240227000633 Document:ORD Rec: $310.50 Page-5 of 8
Record Date:2/27/2024 1:43 PM King County,WA
This easement shall be a covenant running with the property parcels adjacent to the
easement area. It shall burden that real estate, and it shall be binding on the successors,
heairs, and assigns of all parties.
D. • Any reserved or granded utility and access, easements referenced in
Paragraphs A, B, and C above may be modified to accommodate the removal, relocation,
and siting of affected utility lines and facilities by agreement between the Utility Owners
and the property owners on whose property the utility lines and facilities are located. Any
suc removal, relocation, or sifting must be paid for by the property owners, and must be
performed in accordance with applicable laws and 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 those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. Effective Date. This Ordinance will take effect and be in force five
(5) days from and after its passage, approval, and publication as provided by law.
Ordinance No. 6929
December 13, 2023
Page 4 of 5
[nstrument Number:20240227000633 Document:ORD Rec:$310.50 Page-6 of 8
Record Date:2/27/2024 1:43 PM King County,WA
Section 5. Recording. The City Clerk is directed to record this Ordinance with
the King County Recorder, at which time the vacation outlined in this Ordinance shall be
effective under Auburn City Code 12.48.080.
INTRODUCED: FEB 2 0 2024
PASSED: FEB 2 0 2024
APPROVED: FEB 2 0 2024
gravA. ?Air, MAYO
ATTEST: 4PPROVE1AA 0 f2ALL :
\ \
Shawn Campbell, MMC, City Clerk Harry B ' e, A4ting City Attorney
Published:161a /.127 913211 It\IN,(reCt&TIMK
Ordinance No.6929
December 13, 2023
Page 5 of 5
Instrument Number:20240227000633 Document:ORD Rec:$310.50 Page-7 of 8
Record Date:2/27/2024 1:43 PM King County,WA
•
EXHIBITA
LEGAL DESCRIPTION OF RIGHT OF WAY VACATION
(PORTION OF 108' AVENUE SOUTHEAST)
THE WEST 30.00 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8,TOWNSHIP 21 NORTH,RANGE 5
EAST OF THE WILLAMETE MERIDIAN.
SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES UNDER KING COUNTY RECORDING
NUMBER 5662631; •
AND SUBJECT TO AN EASEMENT FOR CITY OF AUBURN WATER UTILITIES OVER THE WEST 10.00 FEET
THEREOF;
SITUATE THE COUNTY OF KING COUNTY,STATE OF WASHINGTON.
•
CONTAINING 4,950 SQUARE FEET
•
•
.0
•
•
41'
•
Instrument Number:20240227000633 Document:ORD Rec:$310.50 Page-8 of 8
Record Date:2/27/2024 1:43 PM King County,WA
EXHIBIT B
RIGHT OF WAY VACATION MAP .
I f
I I • •
J I
I 30' I KCSP 478076.
I I REC..NO. 7905210767
J LOT1
+J NORM OF N 1
I 82 NW 1/{, SE 1/4, SEC 8 T'21 SW R/8'E, Wbt
co•'30.0 --r r 33' S 88`32'31' E
EXISTING • • •1• •• • � ' DRIVEWAY ACCESS
DRIVEWAY :° '&Aril'
•""`°' ' '"- 10.0' & UTILITY EASEMENT,
I REC. NO. 5662631
I
I N ttin
:::.1.: OUSE ii atty.
I r qi I / �i
I101 o z-,I.•,• •.',N TP 082105-9033
I f J .• � 31410 108TH AVENUE SOUTHEAST
I •
z • • •I.„._o AUBURN, WASHINGTON 98092
I1en•••-' 4,'.
1 KING COUNTY SHORT PLAT
f 30 .'.':1791:::.. • NO. 976023, REQ. NO. 7701210613.
THE WEST 10' '.'.'.I;,: ,`,'-'.
TO BE • • •I• • • • . • SOUTH UNE OFN1
RESERVED 30 QO NW 1 4, SE 1 /2' N 1/2, SW 1/4,
N86'3134 / /4' S_• 8' T21 N, R15E, p
FOR THE CITY W ”'"�
OF AUBURN --
WATER UTIIJTY
EASEMENT
0' 30' 60' 90'
LEGEND
•
AREA TO SCAM l'=--,30'
".'..•
-.' SE VACATED PREPARED FOR:
SERHI Y & UUYA BOYKO
j
BUILDING PREPARED BY: .o."•cTi0q
SADLER BARNARD & ASSOC. 44.9 '
717 W. STEWART "- r-....-
PUYALLUP, WA 98371 *'
� } DECK PHONE: 253-848-5170 • ` i�bi '~'
REFERENCE: • Ie-A
JOB NO. 2023-086 V,MO.....................,,,,,,,'