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AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, RELATING TO AND PROVIDING FOR
THE VACATION OF STREET RIGHT-OF-WAY, SITUATED ON THAT PORTION OF 59TH
AVENUE S. BETWEEN 344TH STREET AND S. 346TH STREET; AND THAT PORTION
OF 59TH AVENUE S. BETWEEN S. 346TH STREET AND IOWA DRIVE; AND THAT
PORTION OF S. 344TH STREET BETWEEN 56TH AVENUE S. AND 59TH AVENUE S.;
AND THAT PORTION OF 56TH AVENUE S. BETWEEN S. 344TH AND IOWA DRIVE,
AND SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF AUBURN.
WHEREAS, the City Council of the City of Auburn, Washington, have passed
and adopted Resolution No. 1195, resolving that a public hearing shall be had
for the purpose of determining whether or not the hereinafter described street
right-of-ways situated on that portion of 59th Avenue S. between 344th Street
and S. 346th Street; and that portion of 59th Avenue S. between S. 346th Street
and Iowa Drive; and that portion of S. 344th Street between 56th Avenue S. and
59th Avenue S.; and that portion of 56th Avenue S. between S. 344th Street and
Iowa Drive, within the corporate limits of the City of Auburn, shall be vacated,
said portion to be vacated being hereinafter legally described in Section 1 of
this Ordinance; and
WHEREAS, notice of public hearing to vacate the portion of a certain
street right-of-ways situated on that portion of 59th Avenue S. between 344th
Street and S. 346th Street; and that portion of 59th Avenue S. between S. 346th
Street and Iowa Drive; and that portion of S. 344th Street between 56th Avenue
S. and 59th Avenue S.; and that portion of 56th Avenue S. between S. 344th Street
and Iowa Drive, within the corporate limits of the City of Auburn, in the time
and manner provided by law, giving notice that the hearing on said Resolution No.
1195 was held on the 6th day of April, 1981, at 8:00 P.M. in the Council Chambers
of the Auburn City Hall, no objections thereto were filed with the City Clerk or
presented to the City Council at said hearing; and
WHEREAS, at sai d pub 1 i c heari ng hel d on the 6th day of Apri 1, 1981, the
matter was referred to the Street Committee of the Auburn City Council for their
April 8, 1981 meeting, for their comments thereon; and
WHEREAS, the Auburn City Council on April 20,1981, having deemed that the
petition for vacation was proper and that no vested rights would be affected by
the same;
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Ordinance No. 3630
Page One
4-27-81
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. That the following described portion of a certain street
right-of-ways situated on that portion of 59th Avenue S. between 344th Street
and S. 346th Street; and that portion of 59th Avenue S. between S. 346th Street
and Iowa Drive; and that portion of S. 344th Street between 56th Avenue S. and
59th Avenue S.; and that portion of 56th Avneue S. between S. 344th Street and
Iowa Drive, ,within the corporate limits of the City of Auburn, Washington, and
more particularly described as follows:
PARCEL NO.1. That portion of 59th Avenue South between South
344th Street and South 346th Street.
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NOTE: The boundary in this legal description was derived from
that Record of Survey as recorded in Volume 20, Pg 70, of Surveys,
Recording No. 8001319010, records of King County, WA.
That portion of the SW 1/4 of Section 23, T 21 N, R 4 E.W.M., City
of Auburn, County of King, State of WA, more particularly desc as
foll ows:
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BEGINNING at the NE corner of said SW 1/4;
THENCE S 88°28'26" W, 30.00 ft along the N line of sd SW 1/4 to
the westerly margin of 59th Avenue South projected Northerly;
THENCE S 00°38'02" E, 640.33 ft along sd Northerly projection
and the Westerly margin of sd 59th Avenue South to the Northerly
margin of South 346th Street projected Westerly;
THENCE N 88°51 '58" E, 30.00 feet along sd Westerly projection
to the East line of said SW 1/4;
THENCE N 00°38'02" W, 640.54 feet along sd East line to the
POB.
Containing 0.44 acres, more or less.
PARCEL NO.2. That portion of 59th Avenue South between South
346th Street and Iowa Drive.
NOTE: The boundary in this legal description was derived from
the Record of Survey as recorded in Vol 20, Pg 70, of Surveys,
Recording No. 8001319010, records of King County, WA.
That portion of the SW 1/4 of Section 23, T 21 N, R 4 E.W.M., City
of Auburn, County of King, State of WA, more particularly desc as
follows:
COMMENCING at the NE corner of said SW 1/4;
THENCE S 00°38'02" E, 640.54 ft along the East line of said SW
1/4 to the North margin of South 346th Street projected Westerly
and the TPOB.
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Ordinance No. 3630
Page Two
4-27-81
Parcel No.2, continued:
THENCE continuing S 00°38'02" E, 0.06 ft along sd East line;
THENCE continuing S 03°19'01" E, 536.93 ft along sd East Line
to the Southerly margin of Iowa Drive;
THENCE N 64°44'09" \~, 28.24 ft along sd Southerly margin;
THENCE continuing N 28°54'26" W, 14.11 ft along sd Southerly
margin to the Westerly margin of 59th Avenue South projected
Southerly;
THENCE N 03°19'01" W, 492.36 ft along sd Southerly projection
and the Westerly margin of sd 59th Avenue South;
THENCE continuing N 00°38'02" W, 19.55 ft alg sd Westerly
margin to the Northerly margin of South 346th Street projected
Westerly;
THENCE N 88°51 '58" E, 30.00 feet alg sd Westerly projection to
the TPOB.
Containing 0.37 acres, more or less.
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PARCEL NO.3. That portion of South 344th Street between 56th
Avenue South and 59th Avenue South.
NOTE: The boundary in this legal description was derived from
that Record of Survey as recorded in Vol 20 pg 70, of Surveys,
Recording No. 8001319010, records of King County, WA.
That por of the SW 1/4 of Sec 23, T 21 N, R 4 E.W.M., City of
Auburn, County of King, State of WA, more particularly desc
as follows:
COMMENCING at the NE corner of said SW 1/4;
THENCE S 88°28'26" W, 30.00 ft alg the North line of sd SW
1/4 to the Westerly margin of 59th Avenue South projected
Northerly and the TPOB.
THENCE continuing S 88°28'26" W, 1082.32 ft alg sd North line
to the Easterly margin of 56th Avenue South projected Northerly;
THENCE S 00°29'36" E, 57.06 ft alg sd Northerly projection to
the Southerly margin of South 344th Street;
THENCE N 89°30'24" E, 500.00 ft alg sd Southerly margin;
THENCE N 64°58'54" E, 90.46 ft alg sd Southerly margin;
THENCE N 88°28'26" E, 500.00 ft alg sd Southerly margin to
the Westerly margin of 59th Avenue South;
THENCE N 00038'02" W, 30.00 feet alg sd Westerly margin pro-
jected Northerly to the TPOB.
Containing 1.14 acres, more or less.
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Ordinance No. 3630
Page Three
4-27-81
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PARCEL NO.4. That portion of 56th Avenue South between South
344th Street and Iowa Drive.
NOTE: The boundary in this legal description was derived from
the Record of Survey as recorded in Vol 20, Pg 70, of Surveys,
Recording No. 8001319010, records of King County, WA.
That portion of the SW 1/4 of Sec 23, T 21 N, R 4 E.W.M., City
of Auburn, King County, State of WA, more particularly desc as
foll ows:
COMMENCING at the NE corner of said SW 1/4;
THENCE S 88°28'26" ~ , 1112.32 ft along the North line of sd
SW 1/4 to the Easterly margin of 56th Avenue South projected
Northerly and the TPOB;
THENCE S 00°29'36" E, 995.80 ft alg sd Northerly projection
and said Easterly margin to the Southerly margin of Iowa Drive
(AKA S. 347th Street);
THENCE S 89030'24" W, 60.00 ft to the Westerly margin of sd
56th Avenue South;
THENCE N 00029'36" W, 994.72 ft alg sd Westerly margin and
its Northerly projection to the North line of sd SW 1/4;
THENCE N. 88°28'26" E, 60.01 ft a 1 g sd North 1 i ne to the TPOB.
Containing 1.37 acres, more or less.
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~ be and th€ same is hereby vacated, and the property lying in said portion of
CO certain street right-of-ways described hereinabove, shall be returned and
belong to the abutting property owners, of said portion of certain street
right-of-ways situated on that portion of 59th Avenue S. between 344th Street
and S. 346th Street; and that portion of 59th Avenue S. between S. 346th Street
and Iowa Drive; and that portion of S. 344th Street between 56th Avenue S. and
59th Avenue S.; and that portion of 56th Avenue S. between S. 344th Street and
Iowa Drive, lying within the corporate limits of the City of Auburn, Washington.
Section 2. That the City of Auburn shall retain a public utility easement
over, under and across the North 10 feet of Parcel 3 as legally described in
Section 1 of this Ordinance.
Section 3. Upon the passage, approval and publication of this Ordinance,
the City Clerk shall cause a certified copy of this Ordinance to be recorded
in the office of the King County Auditor.
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Ordinance No. 3630
Page Four
4-27 -81
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Section 4. This Ordinance shall take effect and be in force five (5)
days from and after its passage, approval and publication, as provided by
law.
INTRODUCED:
PASSED :
MAY 4, 1981
MAY 4, 1981
APPROVED: r1AY 4, 1981
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APPR~~IED A~,TO FORM:
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City Attorney
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PUBLISHED:
MAY 14, 1981
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Ordinance No. 3630
Page Five of Five
4-27-81
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Coralee A. McConnehey, the duly appointed, qualified City Clerk
of the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the fore-
going is a full, true and correct copy of Ordinance No. 3630 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO AND PROVIDING FOR THE VACATION OF
STREET RIGHT-OF-WAY, SITUATED ON THAT PROTION OF 59TH AVENUE S. BETWEEN
344TH STREET AND S. 346TH STREET; AND THAT PORTION OF 59TH AVENUE S.
BETWEEN S. 346TH STREET AND IOWA DRIVE; ACID THAT PORTION OF S. 344TH
STREET BETWEEN 56TH AVENUE S. AND 59TH AVENUE S.; AND THAT PORTION OF.
56TH AVENUE S. BETWEEN S. 344TH AND IOWA DRIVE, AND SITUATED WITHIN
THE CORPORATE LTMITS OF THE CITY OF AUBURN.
I certify that said Ordinance No. 3630 was duly passed by the Council
and approved by the Mayor of the said City of Auburn, on the 4th day of
MAY A.D., 19-31_.
I further certify that said Ordinance No. 1610 was published as provided
by law in the Daily Globe News, a daily newspaper published in the City of
Auburn, and of general circulation therein, on the 14th day of May
A.D., 1981
WITNESS my hand and the offical seal of the City of Auburn, this 15th
day of MaY , A. D. , 19 81 ..
CITY CLERK OF THE CITY OF AUBU
Interoffice Memorandum
To: Bob Burton, Survey Supervisor
David Osaki, Community Development Administrator
Angela Wingate, Engineering Aide
Steven Pilcher, Development Services Coordinator
Ingrid Gaub, Assistant City Engineer
From: Daniel B. Heid, City Attorney/
CC: Dani Daskam, City Clerk I?
Date: June 15, 2005
Re: City Attorney Opinion - Ordinance No. 3630
JUN 2 0 2005
CITY O AUBURN*
CITY CLERKS 0Fj:ICC
A City Attorney Opinion was requested regarding City of Auburn Ordinance No. 3630, a
1981 ordinance which sought to vacate certain rights-of-way within the City.
The question in this regard involved whether or not the ordinance could be deemed to be
satisfactorily vacated all of the right-of-way in the intended area. Specifically, the ordinance
vacates certain rights-of-way and uses legal descriptions to describe them, including the
legal description in the ordinance for what is described as Parcel No. 3, set forth on page 3
of Ordinance 3630. The text of the ordinance setting forth said Parcel No. 3, purporting to
vacate that portion of South 344th Street between 56th Avenue South and 59th Avenue
South what described as follows:
PARCEL NO. 3. That portion of South 344th Street between 56th Avenue South
and 59th Avenue South.
NOTE: That boundary in this legal description was derived from that Record of
Survey as recorded in Vol 20 Pg 70, of Surreys, Recording No. 8001319010,
records of King County, WA.
That por of the SW 1/4 of Sec 23, T 21 N, R 4 E.W.M., City of Auburn, County, of
King, State of WA, more particularly desc as follows:
COMMENCING at the NE corner of said SW 1/4;
Page 1 of 4
AUBURN* MOPE THAN YOU IMAGINED
THENCE S 88°28'26" W, 30.00 ft alg the North line of sd SW 1/4 to the Westerly
margin of 59"' Avenue S projected Northerly and the TPOB.
THENCE continuing S 88°26'26" W„ 1082.32 ft alg sd North line to the Easterly
margin of 56d' Avenue South projected Northerly;
THENCE S 00°29'36" E, 57.06 ft alg sd Northerly projection to the Southerly
margin of South 344"' Street;
THENCE N 89°30'24" E, 500.00 ft alg sd Southerly margin;
THENCE N 65°58'54" E, 90.46 ft alg sd Southerly margin;
THENCE N 88°28'26" E, 500.00 ft alg sd Southerly margin to the Westerly margin
of 59th Avenue South;
THENCE N 00°38'02" W. 30.00 feet alg sd Westerly margin projected Northerly to
the TPOB.
Containing 1.4 acres, more or less.
The question surfaced because the legal description as set forth in said ordinance (Parcel
No. 3, on page 3 of Ordinance No. 3630 - set forth above) apparently, potentially leaves a
very small sliver of property unvacated. The reason for this is because the description for
the parcel - the platted lot - to the north of the vacated section of South 344th Street uses a
different legal description. Arguably, the ordinance would have left unvacated a triangle
within the City right-of-way that is perhaps 3 feet in width at the westerly end (56th Avenue
S), and narrowing to a single point perhaps 200 to 250 feet to the east, lying along the
northerly portion of South 344th Street (the southerly line of lot 19, Block 13, Jovita Heights
Plat - the lot to the north).
With respect to the question of whether this ordinance should be construed as having left
this unvacated gap of right-of-way, there are several factors that come into play regarding
this issue, including the concerns by the adjacent property owner who would like to develop
the property but would be constrained if a sliver of unvacated right-of-way still existed in the
area of intended development.
However, in assessing the legal issues of whether the vacation should be deemed to
include all of the width of South 344th Street between 56t' Avenue S and W' Avenue S, the
legal issues need to be measured against how statutory construction would apply to the
language of the ordinance.
Typically, the more precise legal description (e.g., the lengthier legal description describing
what is being vacated - spelled out as part of Parcel No. 3 on page 3 of Ordinance No 3630)
would control over the more generic description (e.g., a recital that says that portion of South
344th Street between 56th Avenue South and 59th Avenue South is to be vacated).
Page 2 of 4
AUBURN *MORE THAN YOU IMAGINED
However, there are reasons why that would not be the case. First of all, BOTH the lengthier
legal description and the shorter more generic description are set forth in the Ordinance, and
they are set forth in a manner that indicates that they are the same. Secondly, it must be
noted that the lengthier legal description (if it were controlling) would also create an overlap -
a triangle of somewhat similar size to the gap, caused by the same reason - because the
description for the parcel - the platted lot - to the north of the vacated section of South 344t"
Street used a different legal description than the ordinance vacation legal description.
With this background, it is appropriate to look at the rules of statutory construction.
In construing legislative enactments, the goal is to carry out the Legislative body's intention,
as determined primarily from the language. State v. Wilbur, 110 Wn.2d 16, 18; 749 P.2d
1295 (1988). It must also be noted that the rules of statutory construction apply equally to
ordinances and statutes. HJS Dev., Inc. v. Pierce County ex rel. DepT of Planning & Land
Sems., 148 Wn.2d 451, 471-72, 61 P.3d 1141 (2003).
Legislative enactments are interpreted according to the plain and ordinary meaning of the
language used. State v. Bright, 77 Wn. App. 304, 310, 890 P.2d 487 (1995). Also, in State
v. Smith, 80 Wn. App. 535, 910 P.2d 508 (1996), the court held that the primary objective of
statutory construction is to carry out the intent of the legislative body by examining the
language of the legislative enactment. Stone v. Chelan County Sheriff's Dept., 110 Wn.2d
806, 809, 756 P.2d 736 (1988). All legislative provisions must be considered in their
relation to each other, and if possible, harmonized to insure proper construction for each
provision. Tommy P. v. Board of County Commissioners, 97 Wn.2d 385, 645 P.2d 697
(1982). Here, it appears to be clear that the intent of the ordinance was to vacate the entire
right-of-way of South 344th Street between 56th Avenue South and 59th Avenue South.
Also, strained, unlikely, unrealistic or absurd consequences are to be avoided. State v.
Fjermestad, 114 Wn.2d 828, 835, 791 P.2d 897 (1990); State v. Neher, 112 Wn.2d 347,
351, 771 P.2d 330 (1989); State v. Stannard, 109 Wn.2d 29, 36, 742 P.2d 1244 (1977);
State v. Vela, 100 Wn.2d 636, 641, 673 P.2d 185 (1983) and State v. Hughes, 80 Wn. App.
196, 199, 907 P.2d 336 (1995). See also City of Seattle v. Wandler, 60 Wn. App. 309, 314,
803 P.2d 833 (1991). Here, an ordinance that created gaps (and overlaps) in what is (what
continues to be) right-of-way and what is vacated would result in a strained and absurd
result.
If legislative enactments are ambiguous, the court must construe them so as to effectuate
the legislative intent. In doing so, the court shall avoid a literal reading if it would result in
unlikely, absurd or strained consequences. State v. Elgin, 118 Wn.2d 551, 555, 825 P.2d
314 (1992); and Thatcher v. Dept of Social and Health Services, 80 Wn. App. 319, 908
P.2d 920 (1996). When an enactment is susceptible to differing interpretations, the
construction that best advances the overall intent of the legislature will be adopted. State v.
Heiskell, 77 Wn. App. 943, 895 P.2d 848 (1995). See also Hart v. Peoples National Bank,
19 Wn.2d 197, 203, 588 P.2d 204 (1978).
Page 3 of 4
AUBURN *MORE THAN YOU IMAGINED
It is not reasonable to construe the vacating ordinance as leaving an unvacated sliver of
right-of-way. In addition to the fact that this sliver could not be used as right-of-way, the fact
that the conflicting descriptions also created an overlap shows that the reasonable intention
of the ordinance was to vacate the entire width of right-of-way.
For the reasons set forth above it is my opinion that the vacation of 344t' Street between
W' Avenue South and 59th Avenue South was complete, in accordance with the intention of
Ordinance No. 3630. The City would therefore have no unvacated sliver of rights-of-way in
that section of former roadway.
Page 4 of 4
AUBURN* MORE THAN YOU IMAGINED