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Home My WebLink AboutITEM VIII-A-1 A TTYTOF UBURN AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Ordinance No. 6195 Date: August 4, 2008 Department: Attachments: Budget Impact: Public Works Ordinance No 6195 $ 0 Administrative Recommendation: City Council to introduce and adopt Ordinance No 6195. Background Summary: The City of Auburn has determined that the right-of-way in the vicinity of the alley south of 1st Street NE Street between North Division Street and Auburn Avenue NE is no longer needed to meet the needs of the City and should be vacated. Ordinance No. 6195, if adopted by City Council, vacates the right-of-way subject to the conditions as outlined in the ordinance and staff report. W0818-10 03.9 V03-08 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 E Planning ? Park Board ?Public Works E Legal ? Police ? Planning Comm. ? Other E Public Works ? Human Resources Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wagner Staff: Dowd Meeting Date: : August 18, 2008 Item Number: VIII.A.1 AUBURN *MOPE THAN YOU IMAGINED ORDINANCE NO. 6 1 9 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF THE ALLEY SOUTH OF 1ST STREET NE BETWEEN NORTH DIVISION STREET AND AUBURN AVENUE NE WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right-of-ways located in the vicinity of a portion of the alley south of 1st Street NE between North Division Street and Auburn Avenue NE, that a portion of City right-of-way acquired by the City through Plat Dedications on November 14, 1887 and on March 30, 1889 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, Qwest, Comcast, and City Departments and comments were received; and WHEREAS, Resolution No. 4380 calling for a public hearing was approved July 21, 2008; 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 August 18, 2008; and WHEREAS, through this process, the City has determined that it no longer needs a portion of the alley south of 1st Street NE between North Division Street and ----------------- Ordinance No. 6195 August 13, 2008 1 of 6 Auburn Avenue NE, in the City of Auburn, Washington; and WHEREAS, the property owners of the properties 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 a portion of the alley located south of 1st Street NE between North Division Street and Auburn Avenue NE, located within the City of Auburn, Washington, legally described as follows: ALL THAT PORTION OF THE 16-FOOT ALLEY ADJOINING NORTH OF LOTS 2, 3, AND 4, BLOCK 0, FIRST ADDITION OT THE TOWN OF SLAUGHTER, ACCORING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 84, RECORDS OF KING COUNTY, WASHINGTON, AND ADJOINGING SOUTH OF LOTS 5, 6, AND 7, BLOCK 0, L.W. BALLARD'S PARK ADDITION TO SLAUGHTER ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, 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 alleyway described hereinabove, shall be returned and belong to those persons entitled to receive the property in accordance with the law, conditioned upon the following; A. Reservation in favor of the City a perpetual Nonexclusive Easement under, over, through and across the vacated right-of-way as described above for the ----------------- Ordinance No. 6195 August 13, 2008 2 of 6 purpose of laying, maintaining, and installing future and existing electrical, water, sanitary sewer, and storm drainage facilities, 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 as described above. The City shall have the absolute right, at times as may be necessary for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. The City shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the City. The owners of the adjacent property agree and shall not in any way block, restrict or impede access and egress to or from said Easement Area, and /or in any way block, restrict or impede full use of the real property within the Easement Area by the City for the above described purposes. No building, wall, rockery, fence, trees, or structure of any kind shall be erected or planted, nor shall any fill material be placed within the boundaries of said Easement Area, without the express written consent of the City. With City permission, owners of the adjacent property may fence across said Easement Area and/or along the boundaries of said Easement Area, provided that a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of and access and egress to and from the Easement Area. If said gate is to be locked, keys shall be provided to the City. No excavation shall be made within three feet of said facilities and the surface level of the ground within the ----------------- Ordinance No. 6195 August 13, 2008 3 of 6 Easement Area shall be maintained at the elevation as currently existing. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. B. Under the terms of the reservation set out in Paragraph A 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 enlargement of existing gas and electric distribution facilities. The owners of the adjacent property agree not to erect any structures on said easement and further agrees not to place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. C. Under the terms of the reservation set out in Paragraph A above, the City hereby grants a private utility easement to Qwest over, under and upon the vacated right-of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of existing facilities. The owners of the adjacent property agree not to erect any structures on said easement and further agrees not to place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. D. It is provided, however, that such reserved or granted utility easements as set out in Paragraphs A, B and C, above, may be modified or terminated to accommodate a removal, relocation and siting of the affected utility lines if the City and the property owners on whose property the utility lines are located agree to the removal, ----------------- Ordinance No. 6195 August 13, 2008 4of6 relocations and siting being paid by said property owners and with the removal, relocation and siting being done in conformity with applicable standards. 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 provisions 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 of this legislation, including terminating easements in the vacated right-of-way when no longer needed by the utilities for which they were reserved. 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. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk ----------------- Ordinance No. 6195 August 13, 2008 5 of 6 APPROVED S TOFOR: Daniel B. HeW-, City Attorney PUBLISHED: ----------------- Ordinance No. 6195 August 13, 2008 6 of 6 Exhibit "A" PARTIAL VACATION OF ALLEY IN THE CITY OF AUBURN STATE OF WASHINGTON 1ST STREET N.E. C W 13, -- - E-' 301 1 A I A I I n L_. VV . L/r, L.L. I \V ..I n ) I A n 1'r 1 /"\ 1\ I 11 t ,' Z j i n?\I,\ AU I I I\.!1 T ! ; ALLEY i f141 L3, L' ,? i IRS I r\VVI I IUI v fy+? I I I 1 f?'? GAT EAST MAIN STREET N E -- LINE TABLE LINE BEARING DISTANCE L1 S89.04'2 "E 180.00' L2 So •56'01"kN 16.00, L3 N89'04'21 "W 180.00, L4 N=56'03" 16,00'. AREA = 2,880 t SQ. FT. oc-Io109 0 40 80 160 ms m m y ,\ SCALE: 1"=80' DEN E 18-09 0 Q m Z? 0 ?I 0 In a 0 E X X 4J o? ? M M O j 0 J 2 M z O a N U V) O M Designed Scale: ?GHA?j 18215 72ND AVENUE SOUTH Job Number Drown BGM Horizontal Q' ?2 KENT, WA 98032 13147 m (425)251-6222 RWG " ' Checked 1 =80 (425)251-8782 FAX Sheet roved RWG A Verticof pp CIVIL ENGINEERING, LAND PLANNING, G Dote 9 10 07 N/A tr<NG ENt?SURVEYING, ENVIRONMENTAL SERVICES 1 of,._ 1 1