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HomeMy WebLinkAbout5771200308291379 7 PGS 08-29-2003 03'50pm $25.00 PIERCE COUNTY WASHINGTON Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Vacation Ordinance No. 5771 Reference Number(s) of Documents assigned or released: [-IAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. Evergreen Tucci Partners Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion conveyed to the City of Auburn for road right-of-way by Deed 200205060960 in Section 6, TWP 20 N, Range 5 E. [] Additional legal is on page ___~" of document. IAssessor's Tax Parcel/Account Number Property O52006-4OO5 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 7 7 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF 69TM STREET SE LOCATED WEST OF EVERGREEN WAY SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Vacation Petition No. V-01-03 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 U.S. West Communications and comments were received; and WHEREAS, Resolution No. 3609 calling for a public hearing was approved May 19, 2003; 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 June 16, 2003; and WHEREAS, the applicant has agreed to meet certain conditions; and WHEREAS, the street property was acquired by the City through a plat; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5771 June 12, 2003 Page ! Section 1. Vacation. That a portion of 69th Street SE located West of Evergreen Way SE, as legally described on attached Exhibit "^", and drawn 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. The vacation is conditioned on and subject to the following: A. The utility easement for Puget Sound Energy's gas and electrical facilities. B. The utility easement for Comcast's cable facilities. C. The reservation by the City of Auburn of the right to grant further easements for utilities over, under and on the vacated right-of- way. 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 Ordinance No. 5771 June 12, 2003 Page ?~ 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 by Polygon Northwest 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. Ordinance No. 5771 June 12, 2003 Page 3 INTRODUCED: PASSED: June 16,.2003 June 16,2003 ATTEST: Danielle E. Daskam, City Clerk APPROVED: June 16, 2003 PETER B. LEWIS MAYOR PUBLISHED: ~?'-2-C3"~d-~-~ Ordinance No. 5771 June 12, 2003 Page 4 CORE DESIGN, INC. BELLEVUE WA 98007 Core Project No: 02050 01 / 15/03 Legal Description - Road Vacation That portion conveyed to the City of Auburn for road right-of-way by Deed under Recording Number 200205060960 all in Section 6, Township 20 North, Range 5 East, W.M., in the City of Auburn, Pierce County, Washington, described as follows: Commencing at the southeast corner of Lot 2 City of Auburn Short Plat as recorded under Recording Number 200211145001, records of said county; thence N20°03'29"W along the eastedy line of said Lot 2 a distance of 494.36 feet to a point of intersection with a 877.50 foot radius circular curve to the right from which point ' the center of said curve bears N20°03'29"W, said point being on the southerly margin of that portion conveyed to the City of Auburn for road right-of-way by deed recorded under Recording Number 200205060960, records of said county; thence westerly, along said curve and southerly margin, through a central angle of 07°08'14'', an arc distance of 109.31 feet to the POINT OF BEGINNING of the herein described parcel; thence continuing westerly along said curve and said southerly margin, through a central angle of 08o24'42", an arc distance of 128.83 feet to a point on the westerly margin of that portion conveyed to tee City of Auburn by said deed; thence N04°30'33"W along said westerly margin, 55.00 feet to a point of intersection with a 822.50 foot radius circular curve to the left from which point the center of said curve bears N04°30'33"W, thence easterly, along said curve and the northerly margin of said road deed, through a central angle of 07°39'07", an arc distance of 109.85 feet to a point of compound curvature with a 35.00 foot radius circular curve to the left; thence easterly, along said curve and the southerly margin of said road deed, through a central angle of 18o06'55", an arc distance of 11.07 feet; thence S12°55'15"E 56.66 feet to the POINT OF BEGINNING. Contains 6,869_+ square feet (0.1577+ acres). Exhibit A Ord No 5771 02050L-21 RD VACATION.doc, 1/17/03, Page 1 of 1 0 ' 25 50 SCALE: 1"=50' R=35.00 &.=18"06'55" L=11.07 R-__82.2.50 /~ 0"/' .'.'.'59'_0~" L~109.~~ -.4 ~ b'~l LC1 B3 PROPOSED 15' W, ATER, LINE EASEMENT, ~i~!o ~, ~"' .~. ~rt ,%.' PORTION CONVEYED TO LAKELAND PAGE EVERGREEN TUCCI PARTNERS, LLC ~.OF ~. WATERLINE EASEMENT EXHIBIT 0/0 1471 ! NE 29th Place, #101 Bellevue, Washington 98007 425.885.7877 Fax 425.885.7963 ENGINEERING · PLANNING · SURVEYING JOB NO. 02050 69'~ ST. S,~ PORTION CONVEYED TO THE CITY OF AUBURN BY DEED UNDER RECORDING NO. 200205060960 TO BE VACATED. LOT 2 CITY OF AUBURN SHORT PLAT UNDER REC. NO. 200211145001 S.E. CORNER ., LAKE TAPPS pKWY EAST Exhibit B Ord No 5771