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Auburn City Clerk 20111227000171
City of Auburn PAGE-001IRSTEOFCCAN 0100RD 71.00
25 West Main St. 12/27/2011 09:37
Auburn, WA 98001 KING COUNTY, WA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Vacation (Ordinance No. 6381) V -
Reference Number(s) of Documents assigned or released: o i l
ElAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Terry Homes, Inc.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Right-of-way described as that portion of 8th St NE being 30 feet in width lying
northwesterly of and adjacent to Lot 9, Block 10, New Auburn Addition
® Additional legal is on page 7of document.
Assessor's Property Tax Parcel/Account Number 5a,d documents were niod of
rOco-d i- sn accommodation only,
605340-0525, 1321049057, 0721059008 it r; heen examined as to
.rapes execution of as to its effect
❑ Assessor Tax # not yet assigned 1'„ ;r, uytt-
ORDINANCE NO. 6381
AN ORDINANCE OF THE CITY COUNCIL OF_THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF
P STREET NE, WEST OF A STREET NE, WITHIN THE
CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington, has received a petition by not less
than two-thirds (2/3) of the owners of property adjacent to right-of-way located at a Street
NE, west of A Street NE within the City of Auburn, Washington, requesting vacation of the
same; :and
WHEREAS, the City Council of the City of Auburn, Washington, has, after a review
of its needs for streets and right-of-ways in the vicinity of 8"' Street NE, west of A Street NE
within the City of Auburn, Washington, determined that consideration should be given to
the vacation of the same; and
WHEREAS, a public hearing was held in connection with the possible vacation,
with notice having been provided pursuant to statute; and .
WHEREAS, the City Council of the City of Auburn, Washington, has considered all
matters presented at the public hearing on the proposed vacation, held on the 5th day of
December, 2011, at the Auburn City Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non -codified ordinance as,follows:
Section 1. Vacation. That the right of way located at a Street NE, west of A
Street NE, within the City of Auburn, Washington, legally described in Exhibit "A° a copy of
which .is attached hereto and incorporated herein, by this reference and as shown on the
Ordinance No 6381
November.16, 2011
Pagel of 5
survey, a copy of which is attached hereto, marked Exhibit 'B" and incorporated herein by
this reference, the same is hereby vacated and the property lying in said portion of right-of-
way described herein above, shall be returned and belong to those persons entitled to
receive the property in accordance with RCW 35.79.040, conditioned upon the following;
A. Reservation in favor of the City of a perpetual Nonexclusive Easement,
legally described in Exhibit "C", a copy of which is attached hereto and incorporated
herein by this reference and as shown on the survey, a copy of which is attached hereto,
marked Exhibit "D" and incorporated herein by this reference under, over, through and
across the vacated right-of-way as described above for the purpose of laying,
maintaining, and installing future and existing water facilities, including a reservation in
favor of the City of the right to grant easements for utilities over, under and on the
vacated right-of-way as described above.
The City shall have the absolute right, at times as may be necessary for
immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City.
The owners of the adjacent property agree and shall not in any way block, restrict
or impede access and egress to or from said Easement Area, and /or in any way block,
restrict or impede full use of the real property within the Easement Area by the City for
the above described purposes. No building, wall,. rockery, fence, trees, or structure of
-------------------
Ordinance No 6381
November 16, 2011
Paget of 5
any kind shall be erected or planted, nor shall any fill material be placed within the
boundaries of said Easement Area, without the express written consent of the City. No
excavation shall be made within three feet of said facilities and the surface level of the
ground within the Easement Area shall be maintained at the elevation as currently
existing.
This easement shall be, a covenant running with the adjacent property parcels
and burden said real estate, and shall be binding on the successors, heirs and assigns
of all parties hereto.
B. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Puget Sound Energy over, and upon the
vacated right-of-way for the operation, maintenance, repair, and removal of electric
distribution facilities existing on the effective date of the vacation until such time as all
such facilities are removed from the vacated right-of-way by Puget Sound Energy. The
City Council finds that, in accordance with Section 10.1 of Ordinance 5766 (Puget
Sound Energy Franchise, enacted June 16, 2003 and accepted July 22, 2003) that,
based on the proposed use of the vacated property by the adjoining property owner, the
grant of a permanent easement on behalf of Puget Sound Energy is impracticable.
Upon removal of Puget Sound Energy electric distribution facilities existing on the
effective date of the vacation, the easement shall automatically be released. The
owners of the adjacent property agree not to erect any structures on said easement and
further agree not to place trees or other obstructions on the easement that would
interfere with the exercise of Grantee's rights herein.
-----------------
Ordinanoe No 6381
November 16, 2011
Page 3 of 5
C. It is provided, however, that such reserved or granted utility and access
easements as set out in Paragraphs A and B above, may be modified to accommodate
a removal, relocation and sitting of the affected utility lines if the City and the property
owners on whose property the utility lines are located agree to the removal, relocations
and sitting being paid by said property owners and with the removal, relocation and
sitting being done in conformity with applicable standards.
Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or
its application to any person or circumstance is held invalid, the remainder of the
Ordinance or the application of the provisions to other persons or circumstances shall not
Section 3. Implementation. The mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
legislation.
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 S. Recordation.The City Clerk is directed to record this Ordinance with
the office of the King County Auditor.
-----------------
Ordinance No 6381
November 18, 2011
Page 4 of 5
ATTEST:
INTRODUCED:
DEC ''5 2011
PASSED: DEC 5 7(111
k
Danielle E. Daskam,
City Clerk
AS TO FORM:
PUBLISHED:zzuS-�-zo
-----------------
Ordinance No 6381
November 16, 2011
Page 5'of 5
EXHIBIT "A"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
THAT PORTION OF 8TH STREET N.E., BEING 30 FEET IN WIDTH, LYING NORTHERLY
OF AND ADJACENT TO LOT 9, BLOCK 10, NEW AUBURN ADDITION TO THE CITY OF
AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS,
PAGE 8, IN KING COUNTY, WASHINGTON, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9;
THENCE NORTH W0312V EAST A DISTANCE OF 3D.D7 FEET TO THE NORTHWEST
CORNER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, OF THE W.M., AND
THE NORTHERLY LINE OF SAID STH STREET N.E.:
THENCE NORTH 85029'53" EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 146.51
FEET TO THE NORTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF "A
STREET N.E.;
THENCE SOUTH 00°3129" WEST ALONG SAID LINEA DISTANCE OF 30.07 FEET TO
THE NORTHEAST CORNER OF SAID LOT 9;
THENCE SOUTH 86029'53" WEST ALONG THE NORTH LINE THEREOF AND ALONG
THE SOUTHERLY LINE OF SAID STH STREET N.E. A DISTANCE OF 146.51 FEET TO THE
BEGINNING.
CONTAINING 4,395.17 SQUARE FEET, MORE OR LESS
SUBJECT TO ANY/ALL EASEMENTS OF RECORD.
Ordinance No. 6381
Exhibit A
November 16, 2011
Page 1 of 1
EXHIBIT "B"
N.W. CORNER SECTION 18 FRED MEYER STORES
AUBURN NORTH 1 FOUND CONCRETE MONUMENT AFN 072105-9008
ASSOCIATES LIM 1 IN CASE W/ BRASS DISH & "X
APN 122104-9027 I !(HELD AS PLAT MONUMENT) _
1 N86 C&
176.58' (PLAT) - - T - -
1 7--- 30.07
- - - - - - 146.51' CALC) 146.50'(PLA c 1
c BTB ST. N.E. I
c ' PLA 1
146.51' CALL 146.50 I
5
�
I r
RIGHT -OF -WAY -j
g VACATION a
a (4,395.17 S.F.) I I v o
o to LOT 9 b l r4I Iz 8
Zg TERRY HOME, INC I M I m
GATES GATES Il I APN^605340 _0525 _ _ _ _ _ I ci I .-
x
& GATES 04 �� - i � 3 °d
LOT I OF ^
AUBURN I LOT 8 a I N I
SP -16-79 y. `^
HOME. INC
REVW m a APN 6053 0-0520 I n 1
RECORDING W OI I
NO. 8207130414 I o I I I
APN 132104-9057 N I '0
-------—----
^
M— _'7 1
o 1p
Z tSW
BLOCK 10 ADDP170N I
VOL: 44, PAGE 8 I
® I
FOUND BRASS MONUMENT w,
FOUND CONCRETE MONUMENT W/ HOLE PUNCH (NO CASE)
W/ "X DOWN 1.3' (NO CASE) IN ASPWLLT DOWN 0.15'. x?
(HELD NORTH -SOUTH ALIGNMENT) MONUMENT IS NJC34'090W
0.36 OF CALCULATED --� P
POSITION. ® (yi&!
SCALE: r=60'
BASIS OF BEARINGS:
THE WEST UNE OF BLOCK 10 NEW AU29" RN ADDITION TO THE
CITY OF AUBURN, BEING NO& 00'31EAST PER THE
PLAT THEREOF. RECORDED IN VOLUME.44 OF. PLATS, PAGE S.
IN KING COUNTY, WASHINGTON.
Ordinance No. 6381
Exhibit e
November 16, 2011
Page 1 of 1
Exhibit "C"
WATER UNE EASEMENT
LEGAL DESCRIPTION
AN EASEMENT FOR WATER UNE LYING OVER, UNDER AND ACROSS THE NORTH
8 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THAT PORTION OF STH STREET N.E., BEING 30 FEET IN WIDTH, LYING NORTHERLY
OF AND ADJACENT TO LOT 9, BLOCK 10, NEW AUBURN ADDITION TO THE CITY OF
AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS,
PAGE 8, IN KING COUNTY, WASHINGTON, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID_LOT 9;
THENCE NORTH 00°31'29" EAST A DISTANCE OF 30.07 FEET TO THE NORTHWEST
CORNER OF SECTION 1 S. TOWNSHIP 21 NORTH, RANGE 5 EAST, OF THE W.M., AND
THE NORTHERLY LINE OF SAID STH STREET N.E.;
THENCE NORTH 88°29'53"_EAST ALONG SAID NORTHERLY UNE A DISTANCE OF 146.51
FEET TO THE NORTHERLY EXTENSION OF THE WEST RIGHT -0F -WAY LINE OF'A'
STREET N.E.;
THENCE SOUTH 0003129"_ WEST ALONG SAID LINE A DISTANCE OF 30.07 FEET TO
THE NORTHEAST CORNER OF SAID LOT 8;
THENCE: SOUTH 88°2953` WEST. ALONG THE NORTH LINE THEREOF AND ALONG
THE SOUTHERLY LINE OF SAID STH STREET N.E. A DISTANCE OF 146.51 FEET TO THE
BEGINNING.
Ordinance No. 6381
Exhibit C
November 16, 2011
Page 1 of 1
Exhibit "D"
FRED MEYER STORES
I N.W. CORNER SECTION 18 APN 072105-9008
1 FOUND CONCRETE MONUMENT
AUBURN NORTH I IN CASE W/ BRASS DISK do "X"
ASSOCIATES UM I (HELD AS PLAT MONUMENT) WATERNE—'
APN 122104-9027
I N_ 8.6'29'53"£ !_ 78.58' (PLAT) ..
CALC 146.50' PLA ^ 30.0T I
I
o SITS SM N•B.
�. 146.51' CALC 146.50' PLA
S 1
g' WATER LINE
EASEMENT a'
v�Iy LOT 9 I �Q
gZpa. u^u� ATERRY PN 605340-052
G47ES GATES ---- -
-- -- - - --
4 G4TE5 �-----
LOT 1 OF
0
SP -19 y -� I! TERRY HOME, INC
REVISED I a APN 605340-0520 M
RECORDING ly O1 I
NO. 6207130444 o I I
APN 132104-9057 N 'o
FOUND
(fid
�I-----------------7
�
30'
I
30'BLOCK I
10
AUBURN ADDMON
I
14EW
VOL, 44, PACE 8
I
®
I
\\
FOUND BRASS MONUMENT
PUNCH
C4SE)jDOWN
1
CONCRETE MONUMENTS
W/ HOLE (NO
0.15'.
,$
1.3' (NO CCAqSSE)�)
IN ASPHALT DOWN
NORTH -SOUTH ALIGNMENT)
MONUMENT IS N34'34'09'W
jir
SCATS: 1"a60'
0.36' OF CALCULATED -`
POSITION,
BASLB OF HEARINGS:.
THE WEST LINE OF BLOCK 10 NEW AUBI�RN ADDITION TO THE
CITY OF AUBURN. BEING k& 00'31' . EAST PER THE
PLAT THEREOF. RECORDED IN VOLUME 44 OF PLATS. PAGE 8,
N KING COUNTY. WASHINGTON.
"Ordinance No. 6381
Exhibit D
November. -1-6, 2011
Page 1 of 1