Loading...
HomeMy WebLinkAboutITEM VIII-A-2 CITY OF AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6196 Date: August 12, 2008 Department: Attachments: Budget Impact: Public Works Ordinance No 6196 $ 0 Administrative Recommendation: City Council to introduce and adopt Ordinance No 6196. Background Summary: Application has been made and a public hearing conducted to consider the vacation of right-of-way of a portion of SE 304th Street and a portion of 132" Avenue SE. Ordinance No. 6196, if adopted by City Council, vacates the right-of-way subject to the conditions as outlined in the ordinance and staff report. W0818-12 03.9 V01-08 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 ® 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 Staff: Dowd Meeting Date: : August 18, 2008 Item Number: VIII.A.2 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 6 1 9 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING A PORTION OF SE 304TH STREET AND A PORTION OF 132ND AVENUE SE WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington, has received a petition by not less than two-thirds (2/3) of the owners of property adjacent to that portion of SE 304th Street, to the south of Parcel No. 032105-9192, west of Parcel No. 102105-9058, and north of Parcel No. 032105-9012 and that portion of 132 Id Avenue SE surrounding Parcel No. 032105-9192, within the City of Auburn, Washington, requesting vacation of the same; and WHEREAS, the City Council of the City of Auburn, Washington, has, after a review of its needs for streets and right-of-ways in the vicinity of that portion of SE 304th Street, to the south of Parcel No. 032105-9192, west of Parcel No. 102105-9058, and north of Parcel No. 032105-9012 and that portion of 132nd Avenue SE surrounding Parcel No. 032105-9192, within the City of Auburn, Washington, determined that consideration should be given to the vacation of the same; and WHEREAS, a public hearing was held in connection with the possible vacation, with notice having been provided pursuant to statute; and WHEREAS, the City Council of the City of Auburn, Washington, has considered all matters presented at the public hearing on the proposed vacation, held on the 18th day of August, 2008, at the Auburn City Council Chambers in Auburn, Washington. ----------------- Ordinance No. 6196 August 12, 2008 Page 1 of 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Vacation. That the right of way located in the vicinity of that portion of SE 304th Street, to the south of Parcel No. 032105-9192, west of Parcel No. 102105-9058, and north of Parcel No. 032105-9012 and that portion of 132nd Avenue SE surrounding Parcel No. 032105-9192, located within the City of Auburn, Washington, legally described as follows: PROPOSED SOUTHERLY ROAD VACATION All that portion of the Southwest quarter of Section 3 and the Northwest quarter of Section 10, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington, more particularly described as follows: Commencing at the Southwest corner of said Section 3; THENCE South 88° 29' 19" East along the South line of said Section 3, a distance of 360.79 feet to a point on the Southeasterly margin of S.E. 304th Street and the POINT OF BEGINNING, said point lying on a 1130.00-foot- radius curve to the right, from which point the radius point of said curve bears South 44° 08' 42" East, 1130.00 Feet distant; THENCE Northeasterly along the arc of said curve, passing through a central angle of 07° 52' 59", an arc distance of 155.47 feet THENCE North 65° 13'49" East, 94.71 feet; THENCE North 74° 58'58" East, 276.05 feet; THENCE North 87° 19'43" East, 438.92 feet; THENCE North 79° 53' 57" East, 64.89 feet to the East line of the Southwest quarter of the Southwest quarter of said Section 3; THENCE North 01 ° 37' 09" East along said East line, 65.48 feet; THENCE South 77° 00'27" West, 146.54 feet; THENCE South 81 ° 00' 10" West, 64.96 feet; THENCE South 84° 31'34" West, 209.81 feet; THENCE South 83° 02' 18" West, 104.12 feet; THENCE South 80° 38' 16" West, 92.03 feet; THENCE North 22° 16' 42" West, 38.07 feet to the beginning of a non- ----------------- Ordinance No. 6196 August 12, 2008 Page 2 of 8 tangent curve to the left, from which point the radius point of said curve bears South 22° 16'42" East, 1150.00 feet distant; THENCE Southerly and Westerly along the arc of said curve, passing through a central angle of 42° 23' 40", an arc distance of 850.91 feet to a point of compound curvature with a 750.00-foot-radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 00° 29' 13", an arc distance of 6.37 feet; THENCE South 88° 29' 33" East, 21.84 feet to a point on said Southeasterly margin and the beginning of a non-tangent curve to the right, from which point the radius point of said curve bears South 64° 32' 55" East, 1130.00 feet distant; Thence Northeasterly along the arc of said curve, passing through a central angle of 20° 24' 13", an arc distance of 402.40 feet to the POINT OF BEGINNING. PROPOSED NORTHERLY ROAD VACATION All that portion of the Southwest quarter of Section 3 and the Northwest quarter of Section 10, Township 21 North, Range 5 East, Willamette Meridian, King County, Washington, more particularly described as follows: BEGINNING at the Southwest corner of said Section 3; THENCE North 01 ° 48' 51" East along the West line of said Section 3, a distance of 71.15 feet to the intersection with a non-tangent curve to the left, from which point the radius point of said curve bears North 53° 24' 50" West, 280.00 feet distant; THENCE Northerly along the arc of said curve, passing through a central angle of 34° 46' 19", an arc distance of 169.93 feet; THENCE North 01 48' 51" East, 179.09 feet to the beginning of a 170.00- foot-radius curve to the right; THENCE along the arc of said curve, passing through a central angle of 45° 45' 38", an arc distance of 135.77 feet to a point of compound curvature with a 25.00-foot-radius curve to the right; THENCE along the arc of said curve, passing through a central angle of 105° 30' 47", an arc distance of 46.04 feet to a point of reverse curvature with a 1550.00-foot-radius curve to the left; THENCE Southeasterly along the arc of said curve, passing through a central angle of 08° 22' 27", an arc distance of 226.54 feet. THENCE South 35° 17' 11" East, 168.58 feet to the beginning of a 25.00- foot-radius curve to the right; THENCE along the arc of said curve, passing through a central angle of 86° 37' 41", an arc distance of 37.80 feet to a point of reverse curvature with a ----------------- Ordinance No. 6196 August 12, 2008 Page 3 of 8 1250.00-foot-radius curve to the left; THENCE Southwesterly along the arc of said curve, passing through a central angle of 26° 00' 52", an arc distance of 567.55 feet to a point of compound curvature with an 850.00-foot-radius curve to the left; THENCE along the arc of said curve, passing through a central angle of 04° 20' 104", an arc distance of 64.35 feet to the West line of said Section 10; THENCE North 01 ° 14' 24" East along the West line thereof, 344.87 feet to the POINT OF BEGINNING. EXCEPT that portion thereof, described as follows: That part of the Northwest quarter of the Northwest quarter of Section 10 and that part of Lot 4 of King County Short Plat No. 378132 (revised), recorded under King County Recording NO. 8007180827, in the Southwest quarter of the Southwest quarter of Section 3, Township 21 North, Range 5 East, Willamette Meridian, described as: BEGINNING on the East Line of 132nd Ave S.E. at a point opposite Highway Engineer's Station (hereinafter referred to as HES) C 148+58.44 on the C line survey of SR-18, S.E. 304th Street interchange vicinity and 70 feet Northwesterly therefrom; THENCE Northerly along said East line to a point opposite HES G 25+49.89 on the G survey line of said highway and 55 feet Southeasterly therefrom; THENCE Northeasterly parallel with said G line survey to a. point opposite HES G 24+52.83 thereon; THENCE Northeasterly parallel with said G line survey to the North line of said Lot 4 at or near a point opposite HES G 21+46 thereon and 80 feet southeasterly therefrom; THENCE Easterly along said North line to a point on a line drawn parallel with and 80 feet Southwesterly when measured at right angles and/or radially from the D line survey of said highway, which point is at or near a point opposite HES D 204+34; THENCE Southeasterly parallel with said D line survey to a point opposite HES C 153+44.80 in said C line survey and 70 feet Northwesterly therefrom; THENCE Southwesterly parallel with said C line survey to the POINT OF BEGINNING; and as shown on the Record of Survey recorded under King County recording number 20080225900010, a copy of which is attached hereto, marked Exhibit "A" and ----------------- Ordinance No. 6196 August 12, 2008 Page 4 of 8 incorporated herein by this reference, the same is hereby vacated and the property lying in. said portion of right-of-way 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 Northerly right-of-way surrounding Parcel No. 032105-9192 as described above for the purpose of laying, maintaining, and installing future, existing and adjacent ,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 Northerly right-of-way surrounding Parcel No. 032105-9192 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, Parcel No 032105-9192, 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, ----------------- Ordinance No. 6196 August 12, 2008 Page 5of8 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 Easement Area shall be maintained at the elevation as currently existing. This easement shall be a covenant running with the adjacent property, Parcel No. 032105-9192 and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. B. It is provided, however, that such reserved or granted utility easements as set out in Paragraphs A above, may be modified 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, relocations and siting being paid by said property owners and with the removal, relocation and siting being done in conformity with applicable standards. C. Payment to the City of Auburn, shall be made by the owner or owners of property adjacent thereto and to be benefited by the vacation, in the total amount of Fifty- ----------------- Ordinance No. 6196 August 12, 2008 Page 6 of 8 Two Thousand Nine Hundred Fifty ($52,950.00) dollars. D. This vacation shall be effective upon completion of said provisions in paragraph C within one-hundred and eighty (180) day of the date hereof and that this Ordinance shall be in full force and effect five (5) days after publication is required by law. If the above described provisions are not completed within the time period provided above, this Ordinance shall be null and void. 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 location. 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. ----------------- Ordinance No. 6196 August 12, 2008 Page 7 of 8 INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk PUBLISHED: ----------------- Ordinance No. 6196 August 12, 2008 Page 8 of 8 City Attorney