HomeMy WebLinkAboutItem VIII-A-10:ITY OF
WASH ]NGTON
AGENDA BILL APPROVAL FORM
Agenda Subject
Ordinance No. 5772
Department:
Public Works
Attachments:
Ordinance No. 5772
Date:
June 11,2003
Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5772.
Background Summary:
Ordinance No. 5772 approves Street Vacation V-02-03, from the Millennium Investment Group, the D
Street Investments and the Danner Family Holdings (represented by West Law Offices), requesting a
portion of D Street NW laying North of 3rd Street NW. A public hearing was held on their request on June
16, 2003.
W0616-5
O3.1 V-02-03
Reviewed by Council & Committees:
[] Arts Commission COUNCIL COMMITTEES:
[] Airport [] Finance
[] Hearing Examiner [] Municipal Serv.
[] Human Services [] Planning & CD
[] Park Board [~Public Works
[] Planning Comm. [] Other
Reviewed by Departments & Divisions:
[] Building [] M&O
[] Cemetery [] Mayor
[] Finance [] Parks
[] Fire [] Planning
[] Human Resources [] Police
[] Legal [] Public Works
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No
Referred to Until
Tabled Until
/ /
/ /
Call for Public Hearing / /__
Councilmember: Wagner Staff: Dowdy
Meeting Date: June 16, 2003 Item Number: VIII.A.10
MORE THAN YOU IMAGINED
ORDINANCE NO. 5 7 7 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE VACATION OF A PORTION OF D STREET
NW LAYING NORTH OF 3RD STREET NW, WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, Vacation Petition No. V-02-03 has been filed by the
owner(s) of two-thirds or more of the property abutting the portion of right of
way requested to be vacated; and
WHEREAS, the vacation petition was circulated to Puget Sound Energy,
Comcast, and U.S. West Communications'and comments were received; and
WHEREAS, Resolution No. 3608 calling for a public hearing was
approved May 19, 2003; and
WHEREAS, posting requirements of Aubum City Code 12.48.070 have
been met; and
WHEREAS, a public hearing was held before the City Council on June
16, 2003; and
WHEREAS, the applicant has agreed to meet certain conditions; and
WHEREAS, the street property was acquired by the City through a plat;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5772
June 12, 2003
Page !
Section 1. Vacation. That a portion of D Street NW laying North of 3rd
Street NW, as legally described on attached Exhibit "A", and drawn on Exhibit
"B", which is by this reference incorporated herein, the same is hereby vacated,
and the property lying in said portion of a certain street right of way described
hereinabove, shall be returned and belong to those persons entitled to receive
the property in accordance with the law.
Section 2. Conditions of Vacation. The vacation is conditioned on
and subject to the following:
A. The utility easement for Puget Sound Energy's gas and electrical
facilities.
B. The utility easement for Comcast's cable facilities.
C. The utility easement for the Water, Storm and Sewer utilities.
D. The joint access easement for all of the abutting property owners
along D Street NW, including Parcel Number 446340-0136 (Lot
#2).
E. The reservation by the City of Auburn of the right to grant further
easements for utilities over, under and on the vacated right-of-
way.
Section 3. Constitutionality or Invalidity. If any section, subsection,
clause, phrase, or sentence, of this Ordinance, is for any reason heldto be
Ordinance No. 5772
June 12, 2003
Page ?~
invalid or unconstitutional, such invalidity or unconstitutionality of the remaining
portions of this ordinance, as it is be!ng hereby expressly declared that this
ordinance and each section, subsections, clause, phrase, or sentence, hereof
would have been prepared, proposed, adopted, and approved and ratified
irrespective of the fact that any one or more section, subsection, clause, phase,
or sentence, be declared invalid or unconstitutional.
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 0nly after completion by
Millennium Investment Group, D Street Investments, and the Danner Family
Holdings (represented by West Law Offices) of all the conditions set forth in
Section 2 of this ordinance.
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this location.
Ordinance No. 5772
June 12, 2003
Page :3
INTRODUCED:
PASSED:
June 16, 2003
June 16, 2003
APPROVED:
June 16, 2003
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
PUBLISHED:
O~inance No. 5772
June 12,2003
Page 4
THAT PORTION OF THE SOUTH HALF OT THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, BEING
MORE pARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 11, MEADE'S SECOND '
ADDITION TO SLAUGHTER RECORDED IN VOLUME 7 OF PLATS AT PAGE 63, IN KING
COUNTY, WASHINGTON;
THENCE ALONG THE WEST LINE OF SAID BLOCK 11, SOUTH 0035'46'' WEST, 345.89 FEET TO
THE SOIJTHWEST CORNER OF SAID BLOCK 11;
THENCE ALONG THE WESTERLY PROJECTION OF THE SOUTH LINE OF SAID BLOCK 11,
NORTH 89023'54'' WEST, 60.00 TO THE EAST LINE OF LOT 4, CITY OF AUBURN SHORT PLAT
NUMBER SP-11-79, RECORDED UNDER KING COUNTY RECORDING NUMBER 7908230645,
BEING A PORTION OF LOT 10, BLOCK B, LUN-N'S GARDEN TRACTS TO AUBURN,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN
KING COUNTY, WASHINGTON;
THENCE ALONG THE EAST LINE OF LOT 4 AND LOT 3 OF SAID SHORT PLAT, NORTH
0035'46'' EAST, 349.10 FEET, TO THE NORTHEAST CORNER OF SAID LOT 3;
THENCE ALONG THE EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 3, SOUTH
86019'54'' EAST, 60.09 FEET TO THE POINT OF BEGINNING.
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Exhibit A
Ord No 5772
LEGEND
3RD STREET NW
s/t/os
D STREET N~r
STREET VACATION V-0£-03
VICINITY MAP
CITY OF :
WASHINGTON