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HomeMy WebLinkAboutItem VIII-A-2WASHINGTON AGENDA BILL APPROVAL FORM A,qenda Sub ect Date: Ordinance No, 5842 May 31, 2004 Department: Attachments: Budget Impact: Public Works Ordinance No, 5842 $ Administrative Recommendation: City Council introduce and adopt Ordinance No. 5842. Background Summary: Ordinance No. 5842 approves Street Vacation V-07-03, for vacation of the southern half of a[n alleyway located south of 1st Street SW, north of 2"d Street SW, east of "A" Street SW and west of S Division Street. A public hearing was held on the request on June 7, 2004. W0607-3 03.9 Reviewed by Council & Committees: [] Arts Commission COUNCIL COMMITFEES: [] Airport [] Finance [] Hearing Examiner [] Municipal Serv. [] Human Services [] Planning & CD [] Park Board ~]PublicWorks [] Planning Comm. [] Other Reviewed by Depa~tment~ & Divisions: [] Building [] M&O [] Cemetery [] Mayor [] Finance [] Parks [] Fire [] Planning [] Human Resources [] Police [] Legal [~ Public Works Action: Committee Approval: r-lYes I-1No Council Approval: []Yes []No Referred to Until Tabled Until Councilmember: Wagner Meeting Date: June 7, 2004 Call for Public Hearing / / / / / / Staff: Dowdy Item Number: VIII.A.2 AUBURN · MORE THAN YOU IMAGINED ORDINANCE NO. 5 8 4 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF THE SOUTHERN HALF OF AN EAST-WEST ALLEYWAY LOCATED IN THE BLOCK SOUTH OF 1ST STREET SW, NORTH OF 2ND STREET SW, EAST OF "A" STREET SW AND WEST OF SOUTH DIVISION STREET, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right-of-ways located south of 1st Street SW and west of South Division Street, that a portion of City right-of-way acquired by the City through a Plat Dedication on March 4, 1886 may no longer be needed to meet the needs of the City and that a public hearing should be set to determine if said right-of-way should be vacated; and, WHEREAS, a request for vacation of said right-of-way was circulated to Puget Sound Energy, Comcast, and QWest and comments were received; and WHEREAS, Resolution No. 3722 calling for a public hearing was approved May 3, 2004; and WHEREAS, posting requirements of Auburn City Code 12.48.070 have been met; and Ordinance No. 5842 June 2,2004 Page 1 WHEREAS, a public hearing was held before the City Council on June 7, 2004; and WHEREAS, through this process, the City has determined that i~l no longer 'needs the southern half (width) of that east-west alleyway located in the Block south of 1st Street SW, north of 2nd Street SW, east of "A" Street SW and west of South Division Street, in the City of Auburn, Washington; and WHEREAS, the property owner of the property adjacent to the right-of-way proposed for vacation has agreed to meet certain conditions; and WHEREAS, it is in the best interests of the City to vacate said portion of said alley right-of-way under those conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ,AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That the southern portion of the east-west alleyway located in the Block south of 1st Street SW, north of 2nd Street SW, east of "A" Street SW and west of South Division Street, located within tile City of Auburn, Washington, legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST 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 NORTHEAST CORNER OF LOT 8, BLOCK 5, TOWN OF SLAUGHTER, ACCORDING Ordinance No. 5842 June 2, 2004 Page 2 TO THE PLAT THEREOF RECORDED IN VOLUME 2 Of PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTH 89004'39'' WEST ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK 5 A DISTANCE OF 240.32 FEET (240 FEET PLAT) TO THE NORTHWEST CORNER OF SAID LOT 5; THENCE NORTH 0°56'42'' EAST A DISTANCE OF 10.00 FEET; THENCE PARALLEL WITH THE NORTH LINE OF SAID LOTS 5 THROUGH 8, SOUTH 89004'39'' EAST A DISTANCE OF 240.31 FEET; THENCE SOUTH 0056'07'' WEST A DISTANCE OF 10.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 8 BEING THE POINT OF BEGINNING; SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. 'and as shown on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference, the same is hereby vacated and the property lying in said portion of the southern half of the alleyway described hereinabove, shall be returned and belong to those persons entitled 1:o receive the property in accordance with the law, conditioned upon the following: A. Reservation in favor of the City of a utility easement over, under and on the vacated right-of-way, including a reservation in favor of the City of the right to grant easements for utilities over, under and on the vacated right-of-way. B. Reservation in favor of the City of a right-of-way easement over, under and on the vacated right-of-way. Ordinance No. 5842 June 2, 2004 Page 3 C. Under the terms of the reservation set out in Paragraph A and B above, the City hereby grants a private utility easement to Puget Sound Energy over, under and upon the vacated right-of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlaq;lement of gas and electric distribution facilities. The owners of the adjacent property agree not to erect any structure on said easement and further agrees not to place trees or other obstructions on the easement that would interefere with the exercise of Grantee's rights herein. 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 provision to other persons or circumstances shall not be affected. Section3. Implementation. The Mayor is hereby 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. Ordinance No. 5842 June 2, 2004 Page 4 Section 5. Recordation. The City Clerk is directed to ordinance with the office of the King County Auditor. INTRODUCED: record this PASSED: APPROVED: ATTEST: PETER B. LEWiS MAYOR Danielle E. Daskam, City Clerk ~Y~niel B. 'Heid, City Attorney PUBLISHED: Ordinance No. 5842 June 2, 2004 Page 5