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Home My WebLink About03-20-2006 ITEM VIII-A-3CITY OF._a. Fr* WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Ordinance No. 6008 March 15, 2006 Department: Attachments: Budget Impact: Public Works Ordinance No. 6008 $ 0 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6008. Background Summary: Ordinance No. 6008 approves Street Vacation V-04-04 from Canyon Partners/Ian Elliot CIO The Sherwood Group, requesting a portion of Iowa Drive located west of 59th Avenue South, and in addition; another portion of Iowa Drive east of 56`" Ave S and south of Parcel 3751600725. A public hearing was held on March 20, 2006. 03.9 V-04-04 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ 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 _/_!_ Tabled Until Councilmember: Wagner I Staff: Dowd Meeting Date: March 20, 2006 Item Number: VIII.A.3 AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO. 6008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF IOWA DRIVE, LOCATED WEST OF 59TH AVENUE SOUTH; AND IN ADDITION, ANOTHER PORTION OF IOWA DRIVE EAST OF 56TH AVENUE SOUTH AND SOUTH OF PARCEL 3751600725 WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Vacation Petition No. V-04-04 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. 3979 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 WHEREAS, the street property was acquired by the Plat of Jovita Heights on July 10, 1911. Volume 20 of Plats, page 12. Ordinance No. 6008 March 14, 2006 Page I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That a portion of Iowa Drive, located within the City of Auburn, Washington, as legally described on attached Exhibit "A," and depicted on ,Exhibit "B," which are 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 the vacated right-of-way, and further reserves the right to grant easements for utilities over, under and on the vacated right-of-way. Section 2. Conditions of Vacation. Applicant Canyon Partners/Ian Elliot C/O The Sherwood Group has agreed to meet the following conditions: 1. Maintain access to the stream along the base of Iowa Dr. from 56th Ave. South 2. Establish a twenty-five foot buffer on either side of stream with respect to the vacated right-of-way. (See Exhibit "B") 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 Ordinance No. 6008 March 14, 2006 Page 2 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. 6008 March 14, 2006 Page 3 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk �I All W, W, • PUBLISHED: Ordinance No. 6008 March 14, 2006 Page 4 EXHIBIT A LEGAL DESCRIPTION IOWA DRIVE R.O.W. VACATION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, AND LYING WITHIN JOVITA HEIGHTS, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF IOWA DRIVE AS DEDICATED IN SAID PLAT OF JOVITA HEIGHTS LYING EAST OF THE EAST MARGIN OF 56TH AVENUE SOUTH, AS VACATED UNDER CITY OF AUBURN ORDINANCE NO. 3630 AND WEST OF THE WEST MARGIN OF 59T" AVENUE SOUTH, AS VACATED UNDER CITY OF AUBURN ORDINANCE NO. 3630. K:\S urvey\Yr_20031203191Q03191 EXHISIT050511.doc 203191EXHISIT050511.doc Ex r6i+ aB" VALLEY HWY WEST -- o JV /11J AlNnoO 9NIN 3Ad Hl / �'� 1 II �TI�NIN -P—*FI T 1 I i F � I I