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HomeMy WebLinkAbout03-20-2006 ITEM VIII-A-2CITYOF_ e AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance No. 6007 March 14, 2006 Department: Attachments: Budget Impact: Public Works Ordinance No. 6007 $ 0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6007. Background Summary: Ordinance No. 6007 approves Street vacation V-01-05 from Western Commercial Real Estate, Roger Hazzard., for vacation of a portion of Boundary Blvd. located east of West Valley Hwy, west of SR- 167, north of the Auburn/Algona city limit line, and south of 1650 West Valley Hwy. A public hearing was held on their request on March 20, 2006. 03.9 V-01-05 Reviewed by Council & Committees: Reviewed by Departments & Divisions: F1 Arts Commission COUNCIL COMMITTEES: Cull ding ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ® Parks ❑ Human Services ❑ Planning & CD ❑ Fire ® Planning ❑ Park Board ®Public Works ® Legal ® Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes [-]No Council Approval: ❑Yes [--]No Call for Public Hearing Referred to Until—/—/— ntil_/_/_Tabled TabledUntil _/ /_ Councilmember: Wa nerStaff: Dowd Meeting Date: March 20, 2006 Item Number: VIII.A.2 AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO. 6007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF BOUNDARY BOULEVARD, LOCATED EAST OF WEST VALLEY HIGHWAY, WEST OF SR -167, NORTH OF THE AUBURN/ALGONA CITY LIMIT LINE, AND SOUTH OF 1650 WEST VALLEY HIGHWAY, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Vacation Petition No. V-01-05 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 Qwest and comments were received; and WHEREAS, Resolution No. 3980 calling for a public hearing was approved February 21, 2006; and WHEREAS, posting requirements of Auburn City Code 12.48.070 have been met; and WHEREAS, a public hearing was held before the City Council on March 20, 2006; and WHEREAS, the applicant has agreed to meet certain conditions; and Ordinance No. 6007 March 14, 2006 Page 1 WHEREAS, the street property was acquired by the City through a Quit Claim Deed from the State of Washington June 4th, 1970 and has been considered right-of-way by the City of Auburn since that time; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That, contingent on completion of the actions set forth in Section 2 hereof, a portion of Boundary Blvd, located within the City of Auburn, Washington, as legally described on attached Exhibit "A", and depicted 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, provided that the City of Auburn reserves an easement for utilities over, under and on a portion of the vacated right-of-way, the legal description of which shall be as set forth in Section 2 of this Ordinance, and further reserves the right to grant easements for utilities over, under and on the vacated right-of-way. Section 2. Conditions of Vacation. Within thirty day of the date of passage of this Ordinance, the Mayor shall execute a document to be recorded with this Ordinance setting forth the legal description of the easement for utilities set forth in Section 1 of this Ordinance. Ordinance No. 6007 March 14, 2006 Page 2 Section 3. Constitutionality or Invalidity. If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being 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 only after completion 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. INTRODUCED: March 20, 2006 PASSED: March 20, 2006 APPROVED: March 20, 2006 Ordinance No. 6007 March 14, 2006 Page 3 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: `a Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. 6007 March 14, 2006 Page 4 0 C p U C O O a c �v E)("s5r i A z ? m O O¢ �- �ii'o C04 o0j LC) O t � p 4• w o na U W 2 Qc + C) 4�O�OOM Z9l vc, d N N ca a14"t. 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