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HomeMy WebLinkAbout9011090504 WATER EASEMENT 110990/ CITY CLERK'S OFFICE CITY OF AUBURN 25 West Main Auburn, WA 86001 EASEMENT roc. 000/ .--qb 9L' RECD I~ tai ► RECFEE 2.00 CASHSL #0504 *4:**- % IDO Grantor, Peter Pan Seafoods, Inchereby conveys and warrants to the CITY OF AUBURN, a Municipal Corporation of the State of Washington, its successors and assigns, a perpetual nonexclusive easement under, over, through and across the following described land for the purpose of laying, maintaining, and installing 8" water service _ AND APPURTENANCES THEREOF, said land being described as follows: The north 15 feet of the south 65 feet of Lots 6 and 7, and the north 15 feet of the south 65 feet of the west 70 feet of Lot S Auburn 400 Corporate Park Division II according to the plat recorded in Volume 129 of Plats, pages 29 and 30, in King County, Washington. EXCISE TAX NOT REQUIRED King Co. Records Division By , Deputy Said Grantee shall have the absolute right, at times as may be necessary, to enter upon said easement for the purpose of maintenance, construction, repair or reconstruction of the above improvements without incurring any legal obligation of liability therefor. Said Grantee shall have the absolute right to place any type of driving surface within said easement deemed necessary by the Grantee. Said Grantor shall not in any way block, restrict or impede access and egress to or from said s~ easement and/or in any way black, restrict or impede full use of the land within the above described ZI easement by said Grantee. Said Grantor may fence across said easement and/or along the , boundaries of said easement provided that a gate is constructed'in said fence. Said gate shall he ;p of sufficient length and location to'allow the Grantee full use of, and access and egress to and from the land within the above described easement. If said gate is to be locked, keys shall be provided p to the Grantee. CTa Said Grantor shall not construct any permanent structures within a distance of TEN FEET (10') from the boundary of said easement and/or any permanent structures which would limit the overhead clearance to less than FOURTEEN FEET (14'). This easement shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of all parties hereto. Dated this I9th, _ day of July 1990 Peter Pan Se ods, Inc. B y D. ollier, VP irk. Operations- Cathy A. Wingert, Corporate Secretary " -STATE OF Washington ) COUNTY OF King ) I, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, hereby certify that on this qty- day of Wit, 19; ,,~g_g:rsonally appeared before me Barry D. Collier & Cathy A Wi nQPrt , to'.iii& kr 6wn to be r, the individual(s) described in and who executed the foregoing instrument and :_ac -ft- wla*ed that n'. they signed and sealed the same as Qir free and voluntaq~~ctland deed for the uses and purposes herein mentioned. c, 4 Ln in GIVEN under my hand and seal this 191:11 day of iuly ~194i C cO c=::) Approved as to f i Tn NOTARY PUBLIC IN AND FOR THE STATE OF l✓A , RESIDING AT 4141,3U RA) MY COMMISSION EXPIRES - 7 - 93 x ;2 CITY OF AUBURN COUNCIL MEETING September 19, 1988 04 ' Planning Director Mary McCumber, stated the staff is conducting additional research on the proposed amendment to Codified City Ordinance 8.12.030 (H). VI. NEW BUSINESS - None. VII. ORDINANCES AND RESOLUTIONS A. Ordinances 1f. T enlai ib iN 4306 am Mifiance of the City Council of the City of Auburn, Washington, r~dmahce'~No. 1017, to release a portion of a certain utility easement situated within the corporate limits of the City of Auburn. Motion by Councilmember Larson, second by Councilmember Walters to adopt Ordinance 4306. MOTION CARRIED UNANIMOUSLY. 6-0. Ordinance No. 4307 An Ordinance of the City of Auburn, Washington, amending certain portions of Ordinance No. 4298 providing for a Conditional Use Permit on property located at 1200 3rd Street S.E. (passed July 18, 1988) to correct clerical errors. Motion by Councilmember Burns, second by Councilmember Whittall to adopt Ordinance No. 4306. MOTION CARRIED UNANIMOUSLY. 6-0. 3. Ordinance No. 4308 An Ordinance of the City of Auburn, Washington, providing for a Conditional Use Permit to implement the Conceptual Conditional Use Permit previously approved by Ordinance No. 4114 to allow construction of 302 multi-family unit on property located southwest of 15th Street N.W. extending south to South 320th lying east of 60th Avenue South, within the City of Auburn. Motion by Councilmember Burns, second by Councilmember Walters to adopt Ordinance 4308. Councilmembers asked staff to address the question of square footage requirements mentioned by Maris Nickson. Discussion took place in which staff stated Section 1 of Ordinance 4229, which adopted the Zoning Code in 1987, states that the prior zoning code was repealed in its entirety, except that all conditions or contracts established through previous land-use actions in accordance with applicable ordinances shall continue to apply to such land. In reviewing Ordinance No. 4114, (passed March, 1986, approving the conceptual Conditional Use Permit to Primark Corporation), there is not a condition requiring a minimum floor area and since the previous floor area requirement of the Zoning Code was repealed, that requirement should no longer apply. Councilmember Whittall asked that Ordinance 4308 be deferred to allow the Council to study other alternatives. Councilmember Burns called for a vote of the motion on the floor. MOTION CARRIED. 4-2. Councilmembers Brothers and Whittall voted no. B. Resolutions 1. Resolution No. 1816 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk of the City of Auburn, to execute a contract for consultant services between 3-H Cable PAGE 4 Public Works Committee Minutes Page three C. BID OPENING CENTERLINE PAINTING CONTRACT Bids were received and staff recommended a contract be awarded to Apply-A-Line on their low bid of $18,263.28. The Public Works Committee concurred with the staff recommenda- tion and recommended approval to the Council. D. VACATION OF A PORTION OF A 60 FOOT UTILITY EASEMENT A request by the Quadrant Corporation to vacate from an ex- isting 60 foot utility easement a strip approximately 8 to 14 feet in width was reviewed by the Committee and recommended for approval by the Council. There being no further business to come before the Committee, the meet- was adjourned at 8:30 p.m. REF. M006-14 Auburn ' .3- /3 44 1 MEETING DATE: 9/19/88 City Council ITEM NUMBER: VII.A.1 AGENDA BILL APPROVAL FORM AGENDA SUBJECT: DATE: Ordinance No. 4306 9/14/88 DEPT ' ATTACHMENTS: BUDGET . '-PW Eng Ordinance No. 4306 IMPACT: ADMINISTRATIVE RECOMMENDATION: To introduce and adopt Ordinance No. 4306. BACKGROUND SUMMARY: Ordinance No. 4306 amends Ordinance No. 2017, to release a portion of a certain utility easement situated within the corporate limits of the City of Auburn. Review List: COUNCIL COMMITTEE & COMMISSIONS DEPARTMENTS & DIVISIONS Finance Airport M & O Municipal Services Board of Appeals Building Mayor Planning & Cemetery Board Cemetery Parks & Rec. Community Civil Service Com. Development Finance Personnel Library Board Fire Planning Public Works Park Board Legal Police Hearing Examiner Planning Commission Library Public Works VII. A.1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 4 3 0 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE NO. 2017, TO RELEASE A PORTION OF A CERTAIN UTILITY EASEMENT SITUATED WITHIN THE CORPORATE LIMITS OF THE CITY OF AUBURN. WHEREAS, the City Council of the City of Auburn had passed and adopted Ordinance No. 2107 on April 17, 1967, and which provided for the vacation of property described as a portion of J. W. Lund Road; and WHEREAS, a 60 utility easement was reserved to the City of Auburn for all public utilities; and WHEREAS, the City has been requested by an abutting property owner to vacate a portion of the 60 foot utility easement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Quadrant Corporation, owners of Lots 15 and 25 in the Auburn 400 Corporate Park Division I, has requested that the City of Auburn vacate a portion of the 60' utility easement created by Ordinance No. 2017. The existing easement lies over the east 30 feet of Lots 15 and 25 and over the west 30 feet of Lots 16 and 24. The owners have requested the release I and vacation of the westerly 8 to 14 feet of the utility easement. Section 2. The City Council hereby determines that a release and vaca- tion of the requested portion of the utility easement would not affect or impair the remaining portion of the utility easement to be retained by the f city. Section 3. The following described portion of the 60 foot utility ease- ment (formerly designated the old J. W. Lund Road) lying south of Primary Highway No. 2 within.Plat of "Auburn 400 Corporate Park" Division I and east of West Valley Highway situated within the corporate limits of the City of Auburn, be and the same is hereby released and vacated and is more par- ticularly described as follows: 30 ? 31 Ordinance No. 4306 32 Page One 9/7/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 That portion of Lots 15 and 25, Auburn "400" Corporate Park Division I, as per Plat recorded in Volume 128 of Plats, page 98, records of King County, Washington, described as follows: Commencing at the Southeast corner of said Lot 15; thence South 89.18'15" West 18.80 feet along the South line of said Lot 15 to the TPOB; thence North 1.29105" East 123.73 feet; thence North 00.21'02" West 326.44 feet; thence North 00.21'41" East 122.81 feet; thence North 03.53'54" West 89.51 feet; thence North 07.15'19" West 32.65 feet to the North line of said Lot 25; thence along said North line South 89.19152" West 7.97 feet to the Westerly margin of vacated 72nd Avenue as per City of Auburn Ordinance No. 2017; thence along said Westerly margin South 00.24'44" East 694.67 feet to the South line of said Lot 15; thence along said South line North 89.18'15" East 11.20 feet to the TPOB. Contains 10,338.28 square feet or .2373 acres. IThe above described property shall be returned and released to the abutting property owner. Section 4. The City hereby retains the following described property as I a perpetual irrevocable utility easement for purposes of construction, main- tenance and all related public purposes: An easement for utilities over that portion of Lots 15, 16, 24 and 25, Auburn "400" Corporate Park Division I, as per Plat recorded in Volume 128 of Plats, page 98, records of King County, Washington, described as follows: Commencing at the Southeast corner of said Lot 15; thence South 89.18'15" West 18.80 feet along the South line of said Lot 15 to the TPOB; thence North 1.29'05" East 123.73 feet; thence North 00.21'02" West 326.44 feet; thence North 00.21'41" East 122.81 feet; thence North 03.53'54" West 89.51 feet; thence North 07.15'19" West 32.65 feet to the North line of said Lot 25; thence along said North line 89.19'52" East 52.03 feet to the Easterly margin of vacated 72nd Avenue as per City of Auburn Ordinance No. 2017; thence along said Easterly margin South 00.24'44" East 694.65 feet to the South line of said Lot 16; thence along said South line South 89.18'15" West 48.80 feet to the TPOB. Contains 31,340.86 square feet or .7195 acres. Section 5. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk for the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Ordinance No. 4306 Page Two 9/7/88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 Section 6. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. Section 7. 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: APPROVED: MAYOR 1 ATTEST: Robin Wohlhueter, City Clerk J APPROVED AS TO FORM: rgu ellentrager, City Attorney I PUBLISHED: Ordinance No. 4306 Page Three of Three 9/7/88 _