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Home My WebLink About6008 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 111111111111111111111 20060406000310 PACIFIC NY TIT ORC 37.00 PAGE001 OF 006 04/06/2086 89:58 KING COUNTY, YA ----- ------,------------- ----- 1'----r-~_________~~- record by Pacific NOfthwaet rltf aocommodation only. It hall not:' examined as to proper ex80UlbJ RECORDER'S COVER SHEET as to its affect upon title .r Document Title(s) (or transactions contained therein): L'___ "'-0,"""_;0....,-,,_.) Street Vacation (Ordinance 6008) l1? 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) City of Auburn Grantee/Assignee/Beneficiary: (Last name first) 1. Terhune Development 2. Jovita LLC 3. Interwest Development Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Iowa Drive Right-of-Way - a portion of the NE quarter of the SW quarter of Section 23, Township 21 North, Range 4 East ~ Additional legal is on page 6 of document. Assessor's Property Tax Parcel/Account Number 375160-0715,375160-0717,375160-0719, 375160-0721, 375160-0723, 375160-0725, 375160- 0727,375160-0731,375160-1414,375160-1409, 375160-1407, 375160-1405, 375160-1403 D Assessor Tax # not yet assigned " ORDINANCE NO. 6008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF IOWA DRIVE, LOCATED WEST OF 59TH AVE S, AND IN ADDITION; ANOTHER PORTION OF IOWA DRIVE EAST OF 56TH AVE S AND SOUTH OF PARCEL 3751600725 WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Vacation Petition No. V-04-04 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, Comeast, and Owest and comments were received; and WHEREAS, Resolution No. 3979 calling for a public hearing was approved February 21,2006; 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 March 20,2006; and WHEREAS, the applicant has agreed to meet certain conditions; and WHEREAS, the street property was acquired by the Plat of Jovita Heights on July 10, 1911. Volume 20 of Plats, page 12; Ordinance No. 6008 March 20, 2006 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That a portion of Iowa Drive, located within the City of Auburn, Washington, as legally described on attached Exhibit "A," and depieted on Exhibit "B," which are 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, provided that the City of Auburn reserves an easement for utilities over, under and on the vacated right-of-way, and further reserves the right to grant easements for utilities over, under and on the vacated right-of-way. Section 2. Conditions of Vacation. Applicant Canyon Partners/lan Elliot C/O The Sherwood Group, or successors, has/have agreed to meet the following eonditions: 1. Maintain access to the stream along the base of Iowa Dr. from 56th Ave. South 2. Establish a twenty-five foot buffer on either side of stream with respect to the vacated right-of-way. (See Exhibit "B") 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 No. 6008 March 20, 2006 Page 2 ordinance and each section, subsections, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that anyone 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 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: March 20, 2006 PASSED: Mareh 20, 2006 PETER B. LEWIS MAYOR Ordinance No. 6008 March 20, 2006 Page 3 ATTEST: PUBLISHED::? <t!. <-( C:'(c Ordinance No. 6008 March 20, 2006 Page 4 EXHIBIT .d. LEGAL DESCRIPTION IOWA DRIVE R.O.W. VACATION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WllLAMETTE MERIDIAN, KING COUNTY, WASHINGTON, AND LYING WITHIN JOVITA HEIGHTS, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOllOWS: THAT PORTION OF IOWA DRIVE AS DEDICATED IN SAID PLAT OF JOVITA HEIGHTS LYING EAST OF THE EAST MARGIN OF 56TH AVENUE SOUTH, AS VACATED UNDER CITY OF AUBURN ORDINANCE NO. 3630 AND WEST OF THE WEST MARGIN OF 59TH AVENUE SOUTH, AS VACATED UNDER CITY OF AUBURN ORDINANCE NO. 3630. . .-....... 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