HomeMy WebLinkAbout3214 CJ
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ORDINANCE NO 3 2 1 4
.�7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING
� AUBUR� CITY ORDINANCE NO 2639 (PASSED MAY 15, 1972) ALLOWING FOR A FIVE
;� YEAR EXTENSION TO AN EXISTING SPECIAL PROPERTY USE PERMIT FOR 6RAVEL
�.--+ REMOVAC ON A PARCEL OF LAND APPROXIMATELY 10 ACRES IN SIZE LYING ON
:_; THE WEST SIDE OF THE WEST VALLEY HIGHWAY AT THE IP7TERSECTION OF 15TH
= S W AND THE WEST VALLEY HIGHWAY
�
'�' THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS
�,
° FOLLOWS
0
Section 1 That Auburn City Ordinance No 2639, passed May 15, 1972,
� is hereby amended, allowing for a five (5) year extension to an existing Special
�� Property Use Permit for gravel removal on a parcel of land approximately ten (10)
acres in size lying on the west side of the West Valley Highway at the intersection
of 15th 5 W and the West Valley Highway
Section 2 That the five (5) year extension to the existing Special Property
Use Permit as approved by Ordinance No 2639, for the purpose of gravel removal
be authorized, provided , that the owners enter into an agreement with the City
of Auburn containing the following provisions
1 That the owners and/or operators agree to abide by the provisions
of City Ordinance No 2639 and the agreement attached thereto as Exhibit "A" and
recorded under King County Auditor's File No 7206010430
2 That the revised grading plan dated August 2, 1977 by WILLIAM S TSAO
& CO , be attached to and become a part of the permit
3 That the West Valley Highway in front of the property that was damaged
by removal of material from the site be overlayed to the Auburn Public Works De-
partment specifications within ninety (90) days after approval of the permit
4 That because of the vertical slopes existing on the site a 6 foot high
cyclone type fence shall be erected to prohibit public access to the site
5 That a new performance bond 'as outlined under Section 4-p of the original
agreement be submitted to the City
�e3J �� i2 25 �'�y
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Ordinance No 3214
Page One RECORDGDn� fi'tCORO�'
10-11-77 ,
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6 That the sound pressure levels as outlined under Section 4-g of the
original agreement be amended to include the noise control regulations attached
hereto as Exhibit "A"
7 That no material shall be excavated from the site until a new segment
� permit is secur.ed from the Plannirig & Community Development Committee of the Auburn
q~ City Council as outlined under Section 3 of the original agreement
O
; Section 3 The legal description for the above mentioned property located
� on a parcel of land on the West side of the West Valley Highway at the intersection
of 15th Street S W , is hereby described as follows
Parcel #1 That portion of the SE 1/4 of the NW 1/4 of
Sec 23, Twp 21 N, R 4 EWM, described as follows Beg at
a point on the W line of said subdivision where it is inter-
sected by the N line of the S 16 5 acres of the E 1/2 of
the SE 1/4 of the NW 1/4 of said Sec 23; th N along the W
line of said E 1/4 of the NW 1/4, a distance of 400 ft ; th
E to the E line of said E 1/4 of the NW 1/4; th S along said S
16 5 acres tract; th W along said N line to the point of
beginning
Parcel. #2 The N 250 ft of that property described as The
S�6 5 acres of the E 1/2 of the SE 1/4 of the NW 1/4 of Sec
23, Twp 21 N, R 4 EWM, LESS State Road #69, situate in the
City of Auburn, County of King, State of Washington
Section 4 That the City Clerk of the City of Auburn is hereby authorized
and directed to file a certified copy of this Ordinance with the King County Auditor's
Office
Section 5 That 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 OCTOBER 17 . 1977
PASSED OCTOBER 17 . 1977
APPROVED OCTOBER 17. 1977
MAYOR
ATTEST
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City lerk
AP VED F
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PUBLISHED OCTOBER 21 , 1977
City ttorney �.,,, .,, , � ,
Ordinance No 3214 �
Page Two & Last
10-11-77
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� FILED fo� necor�tl at Request ot
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Cfty of Anb�trn �
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Au6ura Wusr�u;yron 980d$
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� A G R E E M E N T
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'� THIS AGREEMENT, made and executed this 1� day of �(i� , 1977,
.� _
� by and between the CITY OF AUBURN, a municipal corporation, hereinafter called "CITY"
r�
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r— and MICHAEL R MASTRO and JOAN K. MASTRO, his wife, JOE M FEIST and MARY A FEIST,
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� his wife, MAX MONDSCHEIN and SUE MONDSCHEIN, his wife, ALBERT P TERRANA and�
a�
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TERRANA, his wife, and JOSEPHINE MICHILOTTI , a widow, hereinafter called "OWNERS" ,
7
L�' WITNESSETH That
Y
O
o WHEREAS, it is proposed to request the Mayor and City Council of the City
C� of Auburn, to amend Auburn City Ordinance No 2639, passed May 15, 1972, to extend
,� the existing Special Property Use Permit for five (5) years for gravel removal on
�
:� a parcel of land approximately 10 acres in size lying on the west side of the
West Valley Highway at the intersection of 15th Street S W and the West Valley
Highway, said property hereinafter described in Section S of this Agreement, and
WHEREAS, it is believed that the extension to the existing Special Property
Use Permit for five (5) years of the said area above described, will be in the
public interest, welfare and convenience of the City, provided that the covenants
and agreements, as hereinafter specified, are complied with
NOW, THEREFORE, THIS AGREEMENT WITNESSETH THAT FOR AND IN CONSIDERATION OF
THE MAYOR AND CITY COUNCIL OF THE CITY OF AUBURN, PASSING AN ORDINANCE AMENDIt46
AUBURN CITY ORDINANCE NO 2639, EXTENDING THE EXISTING SPECIAL PROPERTY USE PERMIT
FOR FIVE (5) YEARS, FOR GRAVEL REMOVAL, AND OF THE MUTUAL BENEFIT OF EACH OF THE
PARTIES HERETO, THE PARTIES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS DO HEREBY
COVENANT AND AGREE AS FOLLOWS
Section 1 That the owners and/or operators agree to abide by the provisions
of Auburn City Ordinance No 2639 and the Agreement attached thereto as Exhibit "A"
and recorded under King County Auditor's File No 7206010430
Section 2 That the revised grading plan dated August 2, 1977 by WILLIAM
S TSAO & COMPANY, be attached to and become a part of the permit ,,
.�
,
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Agreement 9°� 6XCISE T,?,X NOT RE�UIRED
i o-t t-77 �%'I(':- C�. Rec�;ds Division �'
Page One �..�T_ ..�...
��`-�-:',!i! , Deputy ,
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Record m�d re�vo ro:
City o! Auburn
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Aul�uin ltnshlr:yfon 98002
Section 3 That the West Valley Highway in front of the property that was
damaged by removal of material from the site be overlayed to the Auburn Public
Works Department specifications within 90_days after approva•1 of the permit
� Section 4 That because of the vertical slopes existing on the site a
� 6 foot high cyclone type fence shall be erected to prohibit public access to
O�
� the site
h
� Section 5. That a new performance bond as outlined under Section 4-p
N
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pp of the original agreement be submitted to the City
h
Section 6 That the sound pressure levels as outlined under Section 4-g
of the original agreement be amended to include the noise control regulations
attached hereto as Exhibit "A"
Section 7 That no material shall be excavated from the site until a new
segment permit is secured from the Planning & Community Development Cormnittee of
the Auburn City Council as outlined under Section 3 of the original agreement
Section 8 The legal description of the above mentioned property located
on a parcel of land on the West side of the West Valley Highway at the intersection
of 15th Street S W , is hereby described as follows
Parcel #1 That portion of the SE 1/4 of the NW 1/4 of Sec
23, Twp 21 N, R 4 EWM, described as follows Be9 at a point
on the W line of said subdivision where it is intersected by
the N line of the 5 16 5 acres of the E 1/2 of the SE 1/4 of
the NW 1/4 of said Sec 23; th N along the W line of said E 1/4
of the NW 1/4, a distance of 400 ft , th E to the E line of
said E 1/4 of the NW 1/4; th S along said S 16 5 acres tract;
th W along said N Line to the point of beginning
Parcel �2 The N 250 ft of that property described as The
S 16 5 acres of the E 1/2 of the SE 1/4 of the NW 1/4 of Sec
23, Twp 21 N, R 4 E, W M , LESS State Road N69, situate in the
City of Auburn, County of King, State of Washington
Section 9 That an executed copy of this Agreement shall be recorded among
the land records of the King County Auditor
IN WITNESS WHEREOF, the parties of this Agreement have caused these presents
as executed the day and year aforesaid
CITY OF AUBURN
ATTEST A Y 0 R '
/� �
ity Clerk
Agreement
Page Two - 10-11-77
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8eoord aad return to:
City ot qvbnrn �-
20 4 Si,r.et !� W
Aubu:n, PJ ,st��ngton 980�2
OWNERS
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n MAX MONDSCHEIN
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E` �� % ut- �G°- JOE M FEIST
UE ONDS HEIN I
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�� /�7���1 ~ ARY A FEIST
AL ERT P TERRANA
.��Oi�/�/ /.C//�i�a.-r�� . 4��2/7d�rti H I L4�I
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STATE OF WASHINGTON)
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COUNTY OF KING )
�� •---A,,, On this !%� day of �cl�d,w , 1977, before me, the undersigned, a Notary
,,ru��t��U6�ii� iin and for�e State o� Washington, duly commissioned and sworn, personally
;,�4�.••' 'ap�eai�� ��,7ANLEY P KERSEY and TERRY L MOLLER, to me known to be the Mayor and City
: �' .:
;,�o �• Glerk 'r.c��ctively of the City of Auburn, a municipal corporation, and the corporation
`�.�'t , �: r �hekiex0cu,gd the foregoing instrument, and acknowledged that the said instrument to
t=� : `' -tie- th� t�re `- and voluntary act and deed of said corporation, for the uses and purposes
�'' � ��� tYthEr'�in :me��ioned , and on oath stated that the are authorized and directed to execute
`t�°s�'•. ' '"'the' seid ,i�r�strument and that the seal affixed �s the corporate seal of said corporation
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' hfq S , ;I�:FNESS my hand and official seal hereto affixed the day and year"first "above
M{�i±i�ten s�"; ;,�i
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Notary Pub ic in and�,�for> the S'eate 'of 1
Washington, residing!at Enumc aw � N ;
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Agreement
Page Three , � '
10-11-77
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Record and return fa
Cify ol 9,ihurn
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20 "A Sueci 4' bV
Aubuta. Washr•iy�on 9R002
STATE OF WASHINGTON)
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COUNTY OF KING )
On this �_ day of �, 1977, before me, the undersigned, a Notary
Public in and for the State of Washington, duly conmiissioned and sworn, personally
appeared MICHAEL R MASTRO and �OAN K MASTRO, his wife, to me known to be the
individuals described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary ac#�����ee��
W for the uses and purposes therein mentioned :°',�� 5t '
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� WITNESS my hand and official seal hereto affixed the day and�year%%first� , ` �� !
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� Notary P�i�and �fo the S te of
� Washington, resid' ing at' ��
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STATE OF WASHINGTON)
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COUNTY OF KING )
On this � day of ��-`��, 1977 , before me, the undersigned, a
Notary Public in�for the tate of Washington, duly commissioned and sworn,
personally appeared ,]OE M FEIST and MARY A FEIST, his wife, to me known to be the
individuals described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and deed for
the uses and purposes therein mentioned y.,�F �-,,
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WITNESS my hand and official seal affixed hereto the day and year��r�.� - I -��'' ;
above written �=��' � '� � '� �
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Notary Pub ic in and for e' te �b
Washington, residing at ' r% � ' � '
STATE OF WASHINGTON)
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COUNTY OF KIN6 )
On this � day of � �.�� , 1977, before me, the undersigned, a
Notary Public in�for the State of WasFiington, duly commissioned and sworn,
personally ALBERT P TERRANA and GRACE TERRANA, his wife, to me known to be the I
individuals described in and who executed the within and foregoing instrument, and
acknowledged that they signed the same as their free and voluntary act and ,��.ed, ,,
for the uses and purposes therein mentioned . ;•�"o��r:;� ;� �
WITNESS my hand and official seal hereto affixed the day and year�fi,�r�-s�j,� . � �
above written �'� � - %�. � `' '
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Washington, r siding at ���. ��
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Agreement _
Page Four
10-11-77
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Record and retuin tot
City oi A,ibum '�' I
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Auburc. Washmgron 98002 �
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STATE OF WASHINGTON)
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COUNTY OF KING )
On this �-- day of IJ �"� , 1977, before me, the undersigned, a
Notary Public in an� for the State of Washington, duly commissioned and sWpr,�
.�•... -�"
personally appeared JOSEPHINE MICHILOTTI , a widow, to me known to be th2 a�d�iv�,�ta��;.
described in and who executed the within and foregoing instrument, anG��cknbwledged `����
that she signed the same as her free and voluntary act and deed for�e�uses and �
purposes therein mentioned �" �.`' `�' r%. �.
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� WIT.NESS my hand and official seal hereto affixed the day and y�ar�fir•S�t. ;°'` �,
� above written c� '' _ a
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N No ary Pu�fi ic i and for he State of
p Washington, residing at �-�.e��
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STATE OF WASHINGTON)
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COUNTY OF KING )
On this � = day of h�e-�--� , 1977, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared MAX MONDSCHEIN and SUE MONDSCHEIN, his wife, to me known to
be the individuals described in and who executed the within and foregoipg,�j�t�is
strument, and acknowledged that they signed the same as their free andf�A,3u�t�ar,y�ti �'y,�
act and deed for the uses and purposes therein mentioned :�,��liyh��� ` <� ''"o ` �a�
WITNESS my hand and official seal hereto affixed the day and �%�ar;�f�r„�t.,���1 a�'
above wri tten r , � °!p� �` �,
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Notary Public in nd or t 'e,LSfate o.f,:
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Washington, resi ng at ���.�e.,�_
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Agreement , -
Page Five & last
10-11-77
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Auburn,'WwLi,i��on 98002
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