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Return Address 01/11/2013 15 50
Auburn City Clerk KING COUNTY, wa
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein)
1 Vacation (Ordinance No 6431)
Reference Number(s) of Documents assigned or released:
❑Additional reference#'s on page_of document
Grantor(s) (Last name first, then first name and initials)
1. Auburn, City of
Grantee: (Last name first)
1 Auburn School District
Legal Description (abbreviated- i.e lot, block, plat or section, township, range)
That portion of 16 foot wide alley in Block 5, Lange's First Addition. together with that portion fo 2ntl Street
NE lying easterly of E Street NE and southerly of said Block 5
® Additional legal is on page 3 of the document.
Assessor's Property Tax Parcel/Account Number:
4184400145,4184400150,4184400155,4184400160,4184400170,4184400180,4184400220,4184400215,4184400205,
4184400200,4184400195,4184400185, 1821059060
❑Assessor Tax#not yet assigned
ORDINANCE NO. 6 4 3 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF
2ND STREET NE BETWEEN 1sT STREET NE AND 3RD
STREET NE, EAST OF E STREET NE AND THE ALLEY
BETWEEN 2ND STREET NE AND 3RD STREET NE, EAST OF
E 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 2nd Street
NE between 1st Street NE and 3rd Street NE, east of E Street NE and the Alley between
2nd Street NE and 3`d Street NE, east of E 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 2nd Street NE between 1st Street
NE and 3rd Street NE, east of E Street NE and the Alley between 2nd Street NE and 3`d
Street NE, east of E 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 17th day of
December, 2012, at the Auburn City Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 1 of 7
WASHINGTON DO ORDAIN as a non-codified.ordinance as follows:
Section 1 Vacation. That the right of way located at 2nd Street NE between
1st Street NE and 3rd Street NE, east of E Street NE and the Alley between 2nd Street NE
and 3`d Street NE, east of E Street NE, located within the City of Auburn, Washington,
legally described as follows:
THAT PORTION OF 16 FOOT WIDE ALLEY IN BLOCK 5,
LANGE'S FIRST ADDITION TO AUBURN, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 25 OF
PLATS, PAGE 36, IN THE CITY OF AUBURN, COUNTY OF
KING, STATE OF WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1,
SAID BLOCK 5,
THENCE NORTH 87 030' 39" EAST ALONG THE
SOUTHERLY LINE OF LOTS 1 THROUGH 8 A DISTANCE
OF 325.23 FEET TO THE SOUTHEAST CORNER OF LOT 9;
THENCE SOUTH 02 028'49" EAST A DISTANCE OF 16 00
FEET TO THE NORTHEAST CORNER OF LOT 9 OF SAID
BLOCK,
THENCE SOUTH 87 030'39" WEST ALONG THE NORTH
LINE OF LOTS 9 THROUGH 16 A DISTANCE OF 32616
FEET TO THE NORTHWEST CORNER OF SAID LOT 16,
THENCE NORTH 00 051'20" EAST A DISTANCE OF 16.03
FEET TO THE BEGINNING
TOGETHER WITH THAT PORTION OF 2ND STREET N.E.
LYING EASTERLY OF "E" STREET N/E/ AND SOUTHERLY
OF SAID BLOCK 5, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT
16, BLOCK 5,
THENCE NORTH 87 030'39" EAST OF A DISTANCE OF
332.15 FEET TO THE SOUTHEAST CORNER OF SAID LOT
9;
THENCE SOUTH 02 028'50" EAST A DISTANCE OF 60.00
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Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 2 of 7
FEET,
THENCE SOUTH 87 030'39" WEST A DISTANCE OF 335 63
FEET TO THE EASTERLY LINE OF "E" STREET N.E.,
THENCE NORTH 000 49'21" EAST ALONG SAID EASTERLY
LINE A DISTANCE OF 28.31 FEET TO AN ANGLE POINT IN
SAID EASTERLY LINE,
THENCE NORTH 00 051'20" EAST ALONG SAID EASTERLY
LINE A DISTANCE OF 3180 FEET TO THE BEGINNING.
CONTAINING 25,24 0 SQUARE FEET, MORE OR LESS
SUBJECT TO ANY/ALL EASEMENTS OF RECORD
and as shown on the 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 hereinabove, 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 a perpetual Nonexclusive Easement
under, over, through and across the Alley portion of the vacated right-of-way as
described above for the purpose of laying, maintaining, and installing future and existing
sanitary sewer facilities and reservation in favor of the City a perpetual Nonexclusive
Easement under, over, through and across the 2nd Street NE portion of the vacated
right-of-way as described above for the purpose of laying, maintaining, and installing
future and existing water, storm and streetlight facilities, including a reservation in favor
of the City of the right to grant easements for utilities over, under and on the all portions
of the vacated right-of-way as described above.
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Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 3 of 7
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
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 reserves in favor of the Public a perpetual Nonexclusive Access Easement
under, over, through and across the vacated right-of-way as described above for the
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Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 4 of 7
purposes of pedestrian, vehicular, emergency, individual adjacent parcel access and
adjacent private property access over, under and upon the vacated right-of-way No
building, wall, rockery, fence, trees, or structure of 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 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.
C 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, under and upon
the vacated right-of-way as described above for the construction, operation,
maintenance, repair, replacement, improvement, removal and enlargement of gas and
electric distribution facilities. 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.
D Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to CenturyLink over, under and upon the Alley
portion of the vacated right-of-way as described above for the construction, operation,
maintenance, repair, replacement, improvement, removal and enlargement of existing
aerial facilities. 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
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Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 5 of 7
easement that would interfere with the exercise of Grantee's rights herein
E. It is provided, however, that such reserved or granted utility and access
easements as set out in Paragraphs A, B, C and D 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 circumstances is held invalid, the remainder of the
Ordinance or the application of the provisions to other persons or circumstances shall not
be affected.
Section 3. Implementation. The mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of this
location.
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
INTRODUCED DEC 17 2012
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Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 6 of 7
PASSED- DEC 17,2012
APPROVED: DEC 17 2011
>L'
PETER B. EWIS
MAYOR
ATTEST
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
�T City Attorney
PUBLISHEDa�v:��a
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Ordinance No 6431
ROW Vacation V1-12
October 15, 2012
Page 7 of 7
EXHIBIT "A"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
THAT PORTION OF 16 FOOT WIDE ALLEY IN BLOCK 5, LANGE'S FIRST ADDITION
TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 25 OF PLATS, j
PAGE 36, IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON,
DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, SAID BLOCK 5;
THENCE NORTH 87 030'39" EAST ALONG THE SOUTHERLY LINE OF LOTS 1
THROUGH 8 A DISTANCE OF 325 23 FEET TO THE SOUTHEAST CORNER OF LOT B,
THENCE SOUTH 02028'49" EAST A DISTANCE OF 16.00 FEET TO THE
NORTHEAST CORNER OF LOT 9 OF SAID BLOCK 5;
THENCE SOUTH 87030'39" WEST ALONG THE NORTH LINE OF LOTS 9 THROUGH
16 A DISTANCE OF 326.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 16;
THENCE NORTH 00051'20" EAST A DISTANCE OF 16.03 FEET TO THE
BEGINNING.
TOGETHER WITH THAT PORTION OF 2ND STREET N E LYING EASTERLY OF "E"
STREET N E AND SOUTHERLY OF SAID BLOCK 5, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 16, BLOCK 5;
THENCE NORTH 87030139" EAST A DISTANCE OF 332 15 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 9;
THENCE SOUTH 02028150" EAST A DISTANCE OF 60 00 FEET;
THENCE SOUTH 87030139" WEST A DISTANCE OF 335 63 FEET TO THE EASTERLY
LINE OF "E" STREET N E ;
THENCE NORTH 00049'21" EAST ALONG SAID EASTERLY LINE A DISTANCE OF
28 31 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE;
THENCE NORTH 00051'20" EAST ALONG SAID EASTERLY LINE A DISTANCE OF
31.80 FEET TO THE BEGINNING.
CONTAINING 25,245 0 SQUARE FEET, MORE OR LESS
SUBJECT TO ANY/ALL EASEMENTS OF RECORD
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