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HomeMy WebLinkAboutITEM VIII-A-6CITY OF 'J ~ T AU~~I~.l~l AGENDA BILL APPROVAL FORM A WASHINGTON Agenda Subject: Date: Ordinance No. 6076 Januar 5, 2007 Department: Attachments : Budget Impact: Public Works Ordinance No. 6076 ands readsheet $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 6076. Background Summary: Ordinance No. 6076 approves Street vacation V- 02-06 from Investco for vacation of the north 30 feet of parcels 0520053052 and 0520053053 located near Lake Tapps Parkway East. A public hearing was held on their request on January 16, 2007. 03.9 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: Wa ner Staff: Dowd Meetin Date: Januar 16, 2007 Item Number: VIII.A.6 t~~.,~~-~ =~ MORE TITAN YOU .IMAGINED ORDINANCE NO. 6076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF THE NORTH 30 FEET OF PARCELS 0520053052 AND 0520053053 LOCATED NEAR LAKE TAPPS PARKWAY EAST WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-02-06 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. 4120 calling fora public hearing was approved December 18, 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 January 16, 2007; and WHEREAS, the applicant has agreed to meet certain conditions; and WHEREAS, the street property was acquired by the City through annexation from Pierce County who reserved it in a County Treasurer's Deed August 16, 1943, and has been considered public right-of-way since that time; Ordinance No. 6076 January 9, 2007 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That, the North 30 feet of parcels 0520053052 and 0520053053, located within the City of Auburn, Washington, as depicted on Exhibit "A", and legally described 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. Section 2. Conditions of Vacation. That this vacation shall be effective upon payment to the City of Auburn, within days of the date hereof by the owner or owners of property adjacent thereto and to be benefited by the vacation, in the total amount of ($ )dollars. If the above described payment is not made within the time period provided above, this Ordinance shall be null and void. 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. 6076 January 9, 2007 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, and as provided herein. 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: January 16, 2007 PASSED: January 16, 2007 APPROVED: January 16, 2007 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6076 January 9, 2007 Page 3 PUBLISHED: Ordinance No. 6076 January 9, 2007 Page 4 City Attorney ?~iI~ ~~1~11''~.yL POTENTIAL ,. s: VACATION AREA i ,. P .. P~~~ ----..._..._ P w. ~Q~ ~/ /~~~ ., / ~ R.O.W. Vacation V-02-06 0 300FT 600FT SCALE: 1 INCH = 300 FT `LEGAL DESCRIPTION THE .NORTH 30 FEET OF THE NORTHEAST _ QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, IN AUBURN, PIERCE COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 9907090701. EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY BY DEED RECORDED UNDER RECORDING NUMBER 200407150689. l:\Lakeland-East\28377\Docs-Reports\LegallStemped128377 MFG_101006 Exhibit B.doc lob Street Vacation V-02-06 Investco Assessed Land ' ' Value per Value per Parcel # Value Acreage ' Acre j Square Feet Square Foot _ __ $25,346.33 1,050,232 $0.58 0520053052 $611,100 24.11 L - ~ ~ 548.27 -- - --- - _ __ 478 _ 0520053053 $456,2001 10.98' $41'812.50 1,045,440 $0.95 -_- - 052005203.9_ $355,500 24.00 $14,_ ______ _ $0.34. 0520056015 _ ~_ $264,000 _ _ 2_52.1 $104,761.90 109,771 ' $2.41_ - - - -- 0520056022 ; _$281,700', 3.00i______$93,_900..00 __ 130,680 $2.1.6 - - _ - ---- 0520053028 $382,200'' 6.82' $56,041.06 297,079 $1.29 Average $56,068.34 $1.29 - - -- ROW Value - - 0.78._- --$56,068.34 - -- - 34002.45, _ __-_ _ $1.29 -g _ g _ _ y g - -- _-_ __ _ _ _ __- _ - - usin avers es b acres a $43,766.321 by square footage $43,863 16'