HomeMy WebLinkAbout03-01-2004 ITEM VIII-A-1r�
C [ TY O F_E
WASHINGTON
AGENDA BILL APPROVAL FORM
Reviewed by Council & Committees:
❑ Arts Commission
COUNCIL COMMITTEES:
❑ Airport
❑ Finance
❑ Hearing Examiner
❑ Municipal Serv.
❑ Human Services
❑ Planning & CD
❑ Park Board
® Public Works
❑ Planning Comm.
❑ Other
Action:
Committee Approval
Council Approval:
Referred to
Tabled
Cou ncilmem ber: Wagner
Meeting Date: March 1, 2004
Reviewed by Departments & divisions:
❑ Building
❑
M&O
❑ Cemetery
❑
Mayor
❑ Finance
❑
Parks
❑ Fire
❑
Planning
❑ Human Resources
❑
Police
® Legal
®
Public Works
❑Yes [:]No
❑Yes ❑No Call for Public Hearing 1 1
Until 1 1
Until 1 1
Staff: Dowdy
Item Number: VI I I.A.1
AUBURN MOPE THAN YOU IMAGINED
ORDINANCE NO.5 S 2 3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE VACATION OF A PORTION OF 4. STREET
SE LOCATED EAST OF M STREET SE, WITHIN
THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Vacation Petition No. V-04-03 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,
AT&T Cable, and QWest and no comments were received; and
WHEREAS, Resolution No. 3577 calling for a public hearing was approved
February 2, 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 March 1,
2004; and
WHEREAS, the street propertywasacquired by the City through a Quit
Claim Deed on July 14, 1905, AF # 5055547;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 5823
February 17, 2004
Page 1
Section 1. Vacation. That a portion of 4th Street SE located within the
City of Auburn, Washington, legally described as follows:
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN
KING COUNTY, WASHINGTON, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF
LOT 27, EAST AUBURN ACRES, ACCORDING TO
PLAT RECORDED IN VOLUME 14 OF PLATS ON
PAGE 41, RECORDS OF KING COUNTY,
WASHINGTON;
THENCE ALONG THE WEST LINE OF SAID LOT 27,
SOUTH 00 35' 54" WEST FOR 252.44 FEET TO THE
NORTH RIGHT OF WAY MARGIN OF 4T" STREET
SOUTHEAST AND TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE,
SOUTH 00 35' 54" VILEST FOR 50.02 FEET TO THE
SOUTH RIGHT OF WAY MARGIN OF SAID 4T"
STREET SOUTHEAST;
THENCE PARALLEL WITH THE CENTERLINE OF
THE BURLINGTON NORTHERN RAILROAD
COMPANY RIGHT OF WAY, NORTH 890 02' 00"
EAST FOR 89.91 FEET TO THE EAST LINE OF SAID
LOT 27;
THENCE ALONG SAID EAST LINE, NORTH 00 36'54"
EAST FOR 50.02 FEET TO THE NORTH RIGHT OF
WAY MARGIN OF SAID 4T" STREET SOUTHEAST;
THENCE PARALLEL WITH SAID CENTERLINE OF
THE BURLINGTON NORTHERN RAILROAD
COMPANY RIGHT OF WAY, SOUTH 890 02' 00"
WEST FOR 59.91 FEET TO THE TRUE POINT OF
BEGINNING.
Ordinance No. 5823
February 17, 2004
Page 2
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 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. Constitutionals or Invalids .- 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
irrespective of the fact that any one or more section, subsection, clause, phase,
or sentence, be declared invalid or unconstitutional.
Section 3. 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 4, Recordation. The city clerk is directed to record this
ordinance with the office of the King county Auditor.
-------------------------
Ordinance No. 5823
February 17, 2004
Page 3
Section 5. 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 1, 2004
PASSED: March 1, 2004
APPROVED: March 1-, 2004
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
Daniel B. Hei
City Attorney
PUBLISHED:
Ordinance No. 5823
February 17, 2004
Page 4
8-5-2001
�L R.
a
'A
36795 $q
��Vqt Lp�
QxPiRFS• 5 -I4 -2W5
SCALE 1 " = 60'
T.P.O.B.
26
EXHIBIT A
N s89.31 ', 2°'E 3RD ST S. E,
89.88
BEARINGS & DISTANCE SHOWN
ARE FROM RECORD OF SURVEY
BY GORDON T. PATHMAN, LS 18018
FILED UNDER REC#9603089003.
tt
0
to
rr7
c
. Y-
O
(I7
W
to
w
to N
M c
� N
z
EXHIBIT A
ORDINANCE NO. 5823
PAGE 1 OF 1
S89'31"I 2"E
89.88
C�
J
W
Lo (n
to n
m
0
cn
•
29
179.83
B.N. R.R. CO.
.
PORTION OF 4TH
1
I
1.
I
I
1
STREET SE TO BE
I
VACATED
1
1
S89° 02' Da"W
l
1
89.91
N
N�
Q to
;
0
.J
Y
,U
N89'02'00"E
z
89.91
1
1
27
I
1
I
W
I
1
w
to 0
I
1
co v
M Ln
1
z
1
I
I
I
589"02'00"W
l
I
EXHIBIT A
ORDINANCE NO. 5823
PAGE 1 OF 1
S89'31"I 2"E
89.88
C�
J
W
Lo (n
to n
m
0
cn
•
29
179.83
B.N. R.R. CO.