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