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Home My WebLink About03-01-2004 ITEM VIII-A-2�.: CITY OF._ A° AGENDA BILL APPROVAL FORM N ,:; WASHINGTON Agenda Subject Date: Ordinance No. 5824 01/30/04 Department: Attachments: Budget Impact: Public Works Ordinance No. 5824 $ Administrative Recommendation: City Council introduce and adopt Ordinance No. 5824. Back round Summa Ordinance No. 5824 approves Street Vacation V-05-03, a City initiated 1 Olympic Court Apartments, requesting a portion of Right-of-way south of 10th St NE and west of I St NE. A public hearing was held on the City's request on March 1, 2004. W0301-5 03.9 V05-03 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 E Public Works ❑ Human Resources ❑ Police ❑ Planning Comm. ❑ other E Legal ® Public Works Action: Committee Approval: ❑Yes ❑ No Council Approval: ❑Yes []No Call for Public Hearing 1 1 Referred to Until 1 1 Tabled Until 1 1 Councilmem ber: Wagner Staff: Dowdy. Meeting Date: March 1, 2004 Item Number: VIII .A.2 AUBURN ' MORE THAN YOU IMAGINED ORDINANCE No. 5 8 2 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF RIGHT -GF - WAY LOCATED SOUTH OF 812 1OT" STREET NE, 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 south of 4th Street SE and east of'K Street SE, that said stretch of City right-of-way is no longer 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, the vacation petition was circulated to Puget Sound Energy, AT&T Cable, and QWest and comments were received; and WHEREAS, Resolution No. 3878 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 February 2, 2004; and WHEREAS, the applicant has agreed to meet certain conditions; and WHEREAS, the street property was acquired by the City through a Quit Claim Deed in 1987; ------------------------ Ordinance No. 5824 February 17, 2004 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That a portion of Right of Way located south of 812 16th Street NE and west of I Street NE, located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, SAID PORTION DEEDED TO THE CITY OF AUBURN FOR STREET PURPOSES IN DOCUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 6186869 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 25 FEET OF LOTS 241 25, 26, 27 AND 28 IN BLOCK 14 OF C. D. HILLMAN'S AUBURNDALE. DIVISION NO. 2 AS RECORDED IN VOLUME 13 OF PLATS AT PAGE 92, RECORDS OF KING COUNTY, WASHINGTON. CONTAINING 5000 SQUARE FEET, MORE OR LESS. 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, provided that the City of Auburn reserves an easement for utilities over, under and on the vacated right-of-way, and further Ordinance No. 5824 February 17, 2004 Page 2 reserves the right to grant easements for utilities over, under and on the vacated right-of-way. Section 2. Conditions of Vacation. The abutting property owner, RBJK Ventures, LLC has agreed to meet the following conditions: A. Retain.a public utility easement for the City's sanitary sewer utility. B. Maintain exposure to the sanitary sewer utility manhole for future City maintenance. C. Retain a private utility easement for Puget Sound Energy's overhead and underground utility. D. Provide egress ingress and a through the property of 812 1 oth Street g g g NE for the use by the City and Puget Sound Energy for the maintenance of the utilities. E. Clean up debris/liter in this area and continue to maintain and use this area as a playground for the Olympic Court Apartment tenants. Section 3, 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 nce and each section subsections, clause, phrase, or sentence, hereof ordinance � would have been prepared, proposed, adopted, and approved and ratified ordinance No. 5824 February 17, 2004 Page 3 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 RBJK Ventures, LLC of all the conditions set forth in Section 3 of this ordinance. Ordinance No. 5824 February 17, 2004 Page 4 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 1 2004 PASSED: March 1 2004 APPROVED: March 1 2004 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPE4V�D ,/� TO FORM: Mniel B. Heid, City Attorney PUBLISHED: ordinance No. 5824 February 17, 2004 Page 5 EXHIBIT A EXHIBIT MAP OF PROPOSED.ALLEY Y6QATION-V=5-03 LOCATED IN THE SOUTHWEST QUARTER OF SEC 7. TWP 21 N, R 5 E, W.M. 10TH STREET NE — — — —N 89'24 00"E F-- I �oeI I I � � .Z P�221 23 24 1 2� 25 1 27 i1 2�8 29 1 30 131 t'=goo' ,�p�. g0�� W101\1 0 PR PO ST EDA w, 5� 2d0� � � ' SA ITAR SEWR �' � E��LO VT �Q � � SEM T 07833 M s 200 200 0m) J&Z 40 39 g 137 36 35 1 34 33 1 32 ' 41 I 8TH STREET NE FROM PLAT OF AUBURNDALE ADDITION DIVISION 2 ACCORDING T4 THE PLAT BEARINGS ARE FR LATS AT PAGE 92, RECORDS O RECORDED IN VOLUME 13 OF P F KING COUNTY, WASHINGTON. DRAWING PREPARED JANUARY 13, 2004 BY CITY OF AUBURN PUBLIC WORKS, 25 WEST MAIN AUBURN, WASHINGTON 98001.4.998 (253) 931-3010 EXHIBIT A ORDINANCE NO. 5824 PAGE 1 OF 1