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Home My WebLink AboutVIII-A-1 AGENDA BILL APPROVAL FORM Aqenda Subject Date: Ordinance No. 5865 08/09/04 Department: I Attachments: Budget Impact: Public Works Ordinance No. 5865 $ Administrative Recommendation: City Council introduce and adopt Ordinance No. 5865. Backqround Summary: Ordinance No. 5865 approves Street Vacation V-1-04, for vacation of an alleyway located north of 1st Street NW, south of 2nd Street NW, west of North Division Street and east of "A" Street NW. A public hearing was held on the request on August 16, 2004. W0816-5 03.9 V-01-04 Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: o Building o M&O o Airport o Finance o Cemetery o Mayor o Hearing Examiner o Municipal Servo o Finance o Parks o Human Services o Planning & CD o Fire o Planning o Park Board [8JPublic Works o Human Resources o Police o Planning Comm. o Other [8J Legal ~ Public Works Action: Committee Approval: DYes ONo Council Approval: DYes ONo Call for Public Hearing -1-1_ Referred to Until ~_I- Tabled Until _1_1- Councilmember: Waqner I Staff: Dowdv Meetinq Date: August 16,2004 I Item Number: VIlI.A.1 AUBURN * MORE THAN YOU IMAGINED O~DINANCE NO. 5 8 6 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF AN ALLEYWAY LOCATED NORTH OF 1 ST STREET NW, SOUTH OF 2ND STREET NW, WEST OF NORTH DIVISION STREET AND EAST OF "A" STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City ot Auburn, Washington, has determined through an evaluation of its needs tor streets and right-ot-ways located north ot 1 st Street NW, south ot 2nd Street NW, west ot North Division Street and east of "A" Street NW, that a portion at City right-at-way acquired by the City through a Plat Dedication on April 1, 1889 may no longer be needed to meet the needs at the City and that a public hearing should be set to determine it said right-at-way should be vacated; and, WHEREAS, a request tor vacation at said right-at-way was circulated to Puget Sound Energy, Comcast, and QWest and comments were received; and WHEREAS, Resolution No. 3745 calling tor a public hearing was approved July 19, 2004; and WHEREAS, posting requirements at Auburn City Code 12.48.070 have been met; and WHEREAS, a public hearing was held betore the City Council on August 16,2004; and ---------------------------- Ordjnance No. 5865 August 10, 2004 Page 1 WHEREAS, through this process, the City has determined that it no longer needs the north-south alleyway located in the Block north at 1st Street NW, south at 2nd Street NW, west at North Division Street and east ot "A" Street NW, in the City at Auburn, Washington; and WHEREAS, the property owner at the property adjacent to the right-at-way proposed tor vacation has agreed to meet certain conditions; and WHEREAS, it is in the best interests at the City to vacate said portion at said alley right-at-way under those conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That the north-south alleyway located in the Block north at 1 st Street NW, south ot 2nd Street NW, west at North Division Street and east at "A" Street NW, located within the City at Auburn, Washington, legally described as tallows: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, OF THE WILLAMETTE MERIDIAN IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, SAID PORTION BEING THE ALLEY LOCATED IN BLOCK 5 OF THE PLAT OF L.W. BALLARD'S PARK ADDITION TO SLAUGHTER AS RECORDED IN VOLUME 3, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ---------------------------- Ordinance No. 5865 August 10, 2004 Page 2 I BEGINNING A~ THE NORTHWEST CORNER OF LOT 1, BLOCK 5 OF SAID PLAT; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 1 AND THE WEST LINE OF LOTS 2 THROUGH 7 INCLUSIVE, AND THE WEST LINE OF LOT 9 ALL IN SAID BLOCK 5 A DISTANCE OF 306 FEET TO THE NORTH MARGIN OF 1 ST STREET NW; THENCE WESTERLY ALONG SAID NORTH MARGIN A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF LOT 10 OF SAID BLOCK 5; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 10 AND THE EAST LINE OF LOTS 12 THROUGH 18 INCLUSIVE OF SAID BLOCK 5 A DISTANCE OF 306 FEET TO THE SOUTHERLY MARGIN OF 2ND STREET NW; THENCE EASTERLY ALONG SAID SOUTH MARGIN A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,120 SQUARE FEET, MORE OR LESS. and as shown on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reterence, the same is hereby vacated and the property lying in said portion ot the southern halt at the alleyway described hereinabove, shall be returned and belong to those persons entitled to receive the property in accordance with the law, conditioned upon the tollowing: A. Reservation in tavor at the City at a water and sanitary sewer utility easements over, under and on the vacated right-at-way, including a reservation in tavor at the City ot the right to grant easements tor utilities over, under and on the vacated right-at-way. ---------------------------- Ordinance No. 5865 August 10, 2004 Page 3 B. Reservation in tavor ot the City ot communications tiber lines easements over, under and on the vacated right-at-way, including a reservation in tavor ot the City at the right to grant easements tor utilities over, under and on the vacated right-at-way. C. Reservation in tavor ot the City at a solid waste access easement over and on the vacated right-at-way, including a reservation in tavor at the City at the right to grant easements tor access over and on the vacated right-at-way. D. Under the terms at the reservation set out in Paragraph A, Band C above, the City hereby grants a private utility easement to Puget Sound Energy over, under and upon the vacated right-at-way tor the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement ot gas and electric distribution tacilities. The owners ot the adjacent property agree not to erect any structure on said easement and turther agrees not to place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. E. It is provided, however, that such reserved or granted utility easements, as set out in Paragraphs A, B, C and D above, may be moditied to accommodate a removal, relocation and siting ot the affected utility lines it the City and the property owners on whose property the utility lines are located agree to the removal, relocation and siting ot the affected utility lines, with the costs at ---------------------------- Ordinance No. 5865 August 10, 2004 Page 4 such removal, relocation and ~iting being paid by said property owners, and with the removal, relocation and siting being done in contormity with applicable standards. F. Since the vacation ot the northerly portion at the alley will go to a new property owner, this Ordinance should not be recorded until the Police/Court City Departments have moved out ot the 101 N Division Street building, as the alley is used as access to the City tacility. Section 2. Constitutionality or Invalidity. It any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder at the Ordinance or the application ot the provision to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives at this location. Section 4. Effective Date. This Ordinance shall take effect and be in torce tive (5) days trom and after passage, approval, and publication as provided bylaw. ---------------------------- Ordinance No. 5865 August 10, 2004 Page 5 I I Section 5. Recordation. The City Clerk is directed to record this ordinance with the office at the King County Auditor. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Daniel B. Heid, City Attorney PUBLISHED: ---------------------------- Ordinance No. 5865 August 10, 2004 Page 6