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Home My WebLink About5865 "" > 111111111111111111111 20041129000241 PACIFIC NU TIT ORD 26 ee PAGEeel OF eeB ' 11/29/2004 le:09 KING COUNTY, UA 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): ~12lr P(v0l Vacation (Ordinance 5865) L,-) ~ :;2f7l" " I 'L Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1, Auburn, City of Legal Description (abbreviated: Le. lot, block, plat or section, township, range) That portion of the NE quarter of Section 13, Township 21 North, Range 4 East [8J Additional legal is on page 3 of document Assessor's Property Tax Parcel/Account Number 049200-0370, 049200-0385, 049200-0390, 049200-0410, 049200-0340, 049200-0325, 049200-0320, 049200-0305 D Assessor Tax # not yet assigned ORDINANCE NO.5 8 6 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF AN ALLEYWAY LOCATED NORTH OF 1ST STREET NW, SOUTH OF 2ND STREET NW, WEST OF NORTH DIVISION STREET AND EAST OF "A" STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right-of-ways located north of 1st Street NW, south of 2nd Street NW, west of North Division Street and east of "A" Street NW, that a portion of City right-of-way acquired by the City through a Plat Dedication on April 1, 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, Comcast, and QWest and comments were received; and WHEREAS, Resolution No. 3745 calling for a public hearing was approved July 19, 2004; 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 16,2004; and Ordinance ND, 5865 August 10, 2004 Page 1 WHEREAS, through this process, the City has determined that it no longer needs the north-south alleyway located in the Block north of 1st Street NW, south of 2nd Street NW, west of North Division Street and east of "A" Street NW, in the City of Auburn, Washington; and WHEREAS, the property owner of the property 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 the north-south alleyway located in the Block north of 1 st Street NW, south of 2nd Street NW, west of North Division Street and east of "A" Street NW, located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, OF THE WILLAMETTE MERIDIAN IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, SAID PORTION BEING THE ALLEY LOCATED IN BLOCK 5 OF THE PLAT OF L.W. BALLARD'S PARK ADDITION TO SLAUGHTER AS RECORDED IN VOLUME 3, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Ordinance No, 5865 August 10, 2004 Page 2 B. Reservation in favor of the City of communications fiber lines easements over, under and on the vacated right-of-way, 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. C. Reservation in favor of the City of a solid waste access easement over and on the vacated right-of-way, including a reservation in favor of the City of the right to grant easements for access over and on the vacated right-of-way, D, Under the terms of the reservation set out in Paragraph A, Band C 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 gas and electric distribution facilities, The owners of the adjacent property agree not to erect any structure 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, E, It is provided, however, that such reserved or granted utility easements, as set out in Paragraphs A, B, C and D 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, relocation and siting of the affected utility lines, with the costs of Ordinance No. 5865 August 10, 2004 Page 4 , such removal, relocation and ~iting being paid by said property owners, and with the removal, relocation and siting being done in conformity with applicable standards. F. Since the vacation of the northerly portion of the alley will go to a new property owner, this Ordinance should not be recorded until the Police/Court City Departments have moved out of the 101 N Division Street building, as the alley is used as access to the City facility. Section 2. Constitutionalitv or Invaliditv. 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 provision 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, Ordinance No. 5865 August 10, 2004 Page 5 , Section 5. Recordation. The City Clerk is directed to record this ordinance with the office of the King County Auditor. INTRODUCED: AUG 1 6 2004 AUG 16 2004 PASSED: AUG I 6 2004 ~ ./ PETER B. LEWIS MAYOR ATTEST: JI);;/JJ2It~ Danielle E. Daskam, City Clerk Daniel B. Heid, City Attorney PUBLISHED: ~(U)(oL Ordinance No, 5865 August 10, 2004 Page 6 EXHIBIT A '" / Z Ov ::< '" ' / O,",Z!li1: ~O a:::a::::- Z I.L<(~=>:J 01 Z wo..050 0::::(1)(,)>(.) " 0....- <(~ u <.:> 0 01 wZ o<c'zz g Z Cl)C::: -_ 0:::> z......~ w:5cio~ -' a.. w'" . ~-'I=!wu- w i!:~~ u Z <(<(:coo b a:: ......0 I-[l)ClC::: <0 -< OF ~ .v ~~:J8~ II Cio.. '" o .:3I.i.1Q: Zx o..c( o_~ o...J(JlD:::O ~ w-< I=!ua:: ZLL I-- U . G'J>- c(U -<w <cog<(~z -' 11 ::E~ UUl -' 0 0 ~ ~ Z Q. ....:.t.; Z -' z...Jowmz ~ !::>- a:: "-Ei!:wOi: 8 <wO OVl mw Wi!:ClO-<~ -...J (D <CI--Q. ::I:...J xc( w ('lS ~030) '0 133~S NOISII\IO 'N '0 I'l I'l ,00'901: 3..00,OO.00N ,0>: ~ '6 N6'J ) v '.) 1y(J I}I>- ~O '-L ,00'901: NOll VOVA 03S0dO~d 0' 00 .0 Od ;:~...... 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