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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
Del
III 1111111111111111111,111111111111111
20161010000262
FIRST AMERICAN MISC 84.00
PAGE -001 OF 012
10/10/2016 11:24
KING COUNTY, UA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Vacation (Ordinance No. 6614)
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. City of Auburn
Said ocumen s were tiled o
Grantee: (Last name first)
1. City of Auburn
Tt has not been examined as to
proper execution or as to its
effect upon title
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
50 foot right of way dedicated under recording number 1400591 �l
1.>J t o � S-1 G , q � `0 �,\i Qlr— Ili 603d�
® Additional legal is on page 3 of the document.
Assessor's Property Tax Parcel/Account Number:
7331400135
❑ Assessor Tax # not yet assigned
ORDINANCE NO. 6 6 14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, APPROVING THE
VACATION OF RIGHT-OF-WAY IN THE VICINITY OF THE
50 FOOT RIGHT-OF-WAY AND THE 14 FOOT ALLEY
SOUTH OF EAST MAIN STREET AND EAST OF A
STREET SE
WHEREAS, the City of Auburn, Washington, has determined through an
evaluation of its needs for streets and right-of-ways located in the vicinity of the 50 foot
right-of-way and the 14 foot alley, south of East Main Street and east of A Street SE,
dedicated to the City through Warranty Deed under Recording Number 1400591 on
February 17, 1920 and Recording Number 1454217 on September 24, 1920, may no
longer be needed to meet the needs of the City and that a public hearing should be set
to determine if said right-of-way should be vacated; and,
WHEREAS, a request for vacation of said right-of-way was circulated to Puget
Sound Energy, Centuryl-ink, Comcast and City Departments and comments were
received; and
WHEREAS, Resolution No. 5243 calling for a public hearing was approved
August 1, 2016; and
WHEREAS, posting requirements of Auburn City Code 12.48.070 have been
met; and
WHEREAS, a public hearing was held before the City Council on September 6,
2016; and
-----------------
Ordinance No. 6614
July 6, 2016
1 of 8
WHEREAS, through this process, the City has determined that it no longer
needs right-of-way in the vicinity of the 50 foot right-of-way and the 14 foot alley, south of
East Main Street and east of A Street SE, in the City of Auburn, Washington; and
WHEREAS, it is in the best interests of the City to vacate said portion of
said right-of-way
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1 Vacation. That right-of-way in the vicinity of the 50 foot right-of-
way and the 14 foot alley, south of East Main Street and east of A Street SE, located
within the City of Auburn, Washington, legally described as follows:
50 FOOT RIGHT OF WAY DEDICATED UNDER
RECORDING NUMBER 1400591
THAT PORTION OF LOTS 5, 6, 9 AND 10 OF RIVER VIEW
ADDITION ACCORDING TO PLAT RECORDED IN VOLUME
9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY,
WASHINGTON, SAID PORTION MORE FULLY DECRIBED
AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY SOUTHWEST
CORNER OF PARCEL "A" OF BOUNDARY LINE
ADJUSTMENT BLA13-0007 RECORDED UNDER
RECORDING NUMBER 20131108900002, RECORDS OF
SAID COUNTY,
THENCE NORTH 88°47'53" EAST ALONG THE
SOUTHERLY LINE OF SAID PARCEL "A" A DISTANCE OF
116.00 FEET TO AN ANGLE POINT IN THE SOUTH
BOUNDARY OF SAID PARCEL "A";
THENCE SOUTH 01°02'42" WEST A DISTANCE OF 27 15
FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER
-----------------
Ordinance No. 6614
July 6, 2016
2of8
VIEW ADDITION;
THENCE NORTH 88°47'53" EAST ALONG THE SOUTH
LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF
PARCEL "A" 113.85 FEET TO THE SOUTHWEST CORNER
OF THE 50 FOOT WIDE RIGHT OF WAY DEEDED TO THE
CITY OF AUBURN UNDER RECORDING NUMBER
1400591, RECORDS OF SAID COUNTY, AND THE POINT
OF BEGINNING;
THENCE NORTH 01 °02'42" EAST ALONG THE WEST LINE
OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF
102.47 FEET TO THE SOUTH LINE OF THE 16 FOOT
WIDE ALLEY RECORDED UNDER RECORDING
NUMBERS 1039136 AND 1018859, RECORDS OF SAID
COUNTY,
THENCE NORTH 87°31'17" EAST ALONG SAID ALLEY A
DISTANCE OF 50.09 FEET TO THE NORTHEAST CORNER
OF SAID 50 FOOT WIDE RIGHT OF WAY,
THENCE SOUTH 01 °02'42" WEST ALONG THE EAST LINE
OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF
102.47 FEET TO SAID SOUTH LINE OF SAID LOT 10;
THENCE SOUTH 88°47'53" WEST ALONG THE SOUTH
LINE OF SAID LOT 10 A DISTANCE OF 50.04 FEET TO
THE POINT OF BEGINNING.
CONTAINS 5,151 SQUARE FEET (0.127 ACRES), MORE
OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS
CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA
13-0007 RECORDED UNDER RECORDING NUMBER
20131108900002.
14 FOOT WIDE ALLEY DEDICATED UNDER RECORDING
NUMBER 1454217
THAT PORTION OF LOTS 8 AND 10 OF RIVER VIEW
ADDITION ACCORDING TO PLAT RECORDED IN VOLUME
-----------------
Ordinance No. 6614
July 6, 2016
3of8
9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY,
WASHINGTON, SAID PORTION MORE FULLY DECRIBED
AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY SOUTHWEST
CORNER OF PARCEL "A" OF BOUNDARY LINE
ADJUSTMENT BLA13-0007 RECORDED UNDER
RECORDING NUMBER 20131108900002, RECORDS OF
SAID COUNTY,
THENCE NORTH 88°47'53" EAST ALONG THE
SOUTHERLY LINE OF SAID PARCEL "A" A DISTANCE OF
116.00 FEET TO AN ANGLE POINT IN THE SOUTH
BOUNDARY OF SAID PARCEL "A";
THENCE SOUTH 01°02'42" WEST A DISTANCE OF 27 15
FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER
VIEW ADDITION;
THENCE NORTH 88°47'53" EAST ALONG THE SOUTH
LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF
PARCEL "A" 263.89 FEET TO THE SOUTHWEST CORNER
OF THE 14 FOOT WIDE ALLEY DEEDED TO THE CITY OF
AUBURN UNDER RECORDING NUMBER 1454217,
RECORDS OF SAID COUNTY, AND THE POINT OF
BEGINNING;
THENCE NORTH 01°02'42" EAST ALONG THE WEST LINE
OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 105.82
FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE
ALLEY RECORDED UNDER RECORDING NUMBERS
1039136 AND 1018859, RECORDS OF SAID COUNTY,
THENCE NORTH 87°31'17" EAST ALONG THE SOUTH
LINE OF SAID 16 FOOT ALLEY A DISTANCE OF 14.03
FEET TO THE NORTHEAST CORNER OF SAID 14 FOOT
WIDE ALLEY,
THENCE SOUTH 01°02'42" WEST ALONG THE EAST LINE
OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 106.13
FEET TO SAID SOUTH LINE OF SAID LOT 10;
-----------------
Ordinance No. 6614
July 6, 2016
4of8
THENCE SOUTH 88°47'53" WEST ALONG THE SOUTH
LINE OF SAID LOT 10 A DISTANCE OF 14 01 FEET TO
THE POINT OF BEGINNING.
CONTAINS 1,484 SQUARE FEET (0.0:34 ACRES), MORE
OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS
CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA
13-0007 RECORDED UNDER RECORDING NUMBER
20131108900002.
[Also identified as Exhibit A hereto.]
and as shown on the document attached hereto, marked as Exhibit "B" and
incorporated herein by this reference, the same is hereby vacated and the property
lying in said portion of the alleyway 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 of a perpetual Nonexclusive Easement
under, over, through and across the 50 foot portion of vacated right-of-way as described
above for the purpose of laying, maintaining, and installing future and existing water
facilities and including a reservation in favor of the City of the right to grant easements
for utilities over, under and on all portions of 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
-----------------
Ordinance No. 6614
July 6, 2016
5of8
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 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 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
-----------------
Ordinance No. 6614
July 6, 2016
6 of 8
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 Centuryi-ink over, under and upon the 14
foot Alley portion of vacated right-of-way as described above for the construction,
operation, maintenance, repair, replacement, improvement, removal and enlargement
of 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 It is provided, however, that such reserved or granted utility and access
easements as set out in Paragraphs A, B and C 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
-----------------
Ordinance No. 6614
July 6, 2016
7 of 8
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
ATTEST
Danielle E. Daskam,
City Clerk
APPF
f
Daniel B. Hei
City Attorney
PUBLISHEDw
-----------------
Ordinance No. 6614
July 6, 2016
8of8
INTRODUCED•
PASSED•
SEP -'6 2016
SEP - 6 2016
APPROVED- SEP -'G 2016
,Z AMT91�.
EXHIBIT "A"
LEGAL DESCRIPTIONS FOR RIGHT OF WAY VACATION
50 FOOT RIGHT OF WAY DEDICATED UNDER RECORDING NUMBER 1400591
THAT PORTION OF LOTS 5, 6,9 AND 10 OF RIVER VIEW ADDITION ACCORDING TO PLAT
RECORDED IN VOLUME 9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY, WASHINGTON,
SAID PORTION MORE FULLY DECRIBED AS FOLLOWS.
COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF PARCEL "A" OF
BOUNDARY LINE ADJUSTMENT BLA13-0007 RECORDED UNDER RECORDING NUMBER
20131108900002, RECORDS OF SAID COUNTY;
THENCE NORTH 88°47'53" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" A
DISTANCE OF 116.00 FEET TO AN ANGLE POINT IN THE SOUTH BOUNDARY OF SAID PARCEL
„A„
THENCE SOUTH 01002'42" WEST A DISTANCE OF 27.15 FEET TO THE SOUTH LINE OF SAID LOT
10 OF RIVER VIEW ADDITION;
THENCE NORTH 88'47'53" EAST ALONG THE SOUTH LINE OF SAID LOT 10 AND THE
SOUTHERLY LINE OF PARCEL "A" 113.85 FEET TO THE SOUTHWEST CORNER OF THE 50 FOOT
WIDE RIGHT OF WAY DEEDED TO THE CITY OF AUBURN UNDER RECORDING NUMBER
1400591, RECORDS OF SAID COUNTY, AND THE POINT OF BEGINNING;
THENCE NORTH 01002'42" EAST ALONG THE WEST LINE OF SAID 50 FOOT WIDE RIGHT OF
WAY A DISTANCE OF 102.47 FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE ALLEY
RECORDED UNDER RECORDING NUMBERS 1039136 AND 1018859, RECORDS OF SAID
COUNTY;
THENCE NORTH 87°31'17" EAST ALONG SAID ALLEY A DISTANCE OF 50.09 FEET TO THE
NORTHEAST CORNER OF SAID 50 FOOT WIDE RIGHT OF WAY;
THENCE SOUTH 01°02'42" WEST ALONG THE EAST LINE OF SAID 50 FOOT WIDE RIGHT OF
WAY A DISTANCE OF 102.47 FEET TO SAID SOUTH LINE OF SAID LOT 10;
THENCE SOUTH 88'47'53" WEST ALONG THE SOUTH LINE OF SAID LOT 30 A DISTANCE OF
50.04 FEET TO THE POINT OF BEGINNING.
CONTAINS 5,151 SQUARE FEET (0.127 ACRES), MORE OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT BLA 13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002.
14 FOOT WIDE ALLEY DEDICATED UNDER RECORDING NUMBER 1454217
THAT PORTION OF LOTS 8 AND 10 OF RIVER VIEW ADDITION ACCORDING TO PLAT
RECORDED IN VOLUME 9 OF PLATS AT PAGE.90, RECORDS OF KING COUNTY, WASHINGTON,
SAID PORTION MORE FULLY DECRIBED AS FOLLOWS.
COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF PARCEL "A" OF
BOUNDARY LINE ADJUSTMENT BLA13-0007 RECORDED UNDER, RECORDING NUMBER
20131108900002, RECORDS OF SAID COUNTY;
THENCE NORTH 88°47'53" EAST ALONG THE SOUTHERLY UNE OF SAID PARCEL "A" A
DISTANCE OF 116.00 FEET TO AN ANGLE POINT IN THE SOUTH BOUNDARY OF SAID PARCEL
THENCE SOUTH 01°02'42" WEST A DISTANCE OF 27.15 FEET TO THE SOUTH LINE OF SAID LOT
10 OF RIVER VIEW ADDITION;
THENCE NORTH 88'47'53" EAST ALONG THE SOUTH LINE OF SAID LOT 10 AND THE
SOUTHERLY LINE OF PARCEL "A" 263.89 FEETTO THE SOUTHWEST CORNER OF THE 14 FOOT
WIDE ALLEY DEEDED TO THE CITY OF AUBURN UNDER RECORDING NUMBER 1454217,
RECORDS OF SAID COUNTY, AND THE POINT OF BEGINNING;
THENCE NORTH 01'02'42" EAST ALONG THE WEST LINE OF SAID 14 FOOT WIDE ALLEY A
DISTANCE OF 105.82 FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE ALLEY RECORDED
UNDER RECORDING NUMBERS 1039136 AND 1018859, RECORDS OF SAID COUNTY;
THENCE NORTH 87°31'17" EAST ALONG THE SOUTH LINE OF SAID 16 FOOT ALLEY A
DISTANCE OF 14.03 FEET TO THE NORTHEAST CORNER OF SAID 14 FOOT WIDE ALLEY;
THENCE SOUTH 01'02'42" WEST ALONG THE EAST LINE OF SAID 14 FOOT WIDE ALLEY A
DISTANCE OF 106.13 FEET TO SAID SOUTH LINE OF SAID LOT 10;
THENCE SOUTH 88°47'53" WEST ALONG THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF
14.01 FEET TO THE POINT OF BEGINNING.
CONTAINS 1,484 SQUARE FEET (0.0.34 ACRES), MORE OR LESS.
THE BASIS OF BEARING FOR THIS DESCRIPTION IS CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT BLA 13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002.
0:\SURVEY\PROJECTS\Q0809-RottlesAlley\Alley Vac\Exhibit A Legal Desc.docx 7/01/2016
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S 87.31'17" w EAST MAIN STREET '
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116.00 Sin
N 88'47'53" E _
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CORNER OF PARCEL,
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Vo' 9 Pg 90 0'I 60' 120'
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6 1 7 I 8
Existing 16'IAlley per Rec.
No. 103913 & 1018859 —I
1l 348.07'
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50'RML Rec No 1400591;
Proposed Vacation
I 14' Alley per
3 Rec No. 1454217;
ProposedVacation
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NOTES: p`I
1. BASIS OF BEARINGS IS BLA-13-0007 RECORDED \�p�
UNDER REC. NO. 20131108900002, RECORDS OF KING S�p1 ,1900
COUNTY, WASHINGTbN. L 9zO
2. DRAWING MADE TO ACCOMPANY LEGAL o20 _
DESCRIPTIONS FOR ROAD AND ALLEY VACATIONS. —�— — — — — — — —
CITY OF AUBURN
COMMUNITY DEVELOPMENT AND
PUBLIC WORKS DEPARTMENT
Vacation V2-16 PROJ: Alley Vac
EXHIBIT "B" MAP 7101/2016
SCALE,
A PORTION OF THE NW 1/4 of SW 1/4 SEC 18-21-05 1"=60'
DRAWNN BY- RR8
1
i 2 I 3
I I
I
30'
I �
I I
—I
RIVE1i VIEW AD�ILTiION
co
o I~ n
4 5 0 I (n 00
I Im
I I�
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Os 51b
04 50.00'— m 9_ _ L —Kai 10 °oS, ZN
1C t�
�C 3
. � 14' Alley Vac Ord 3200 � I TON" 040
o Rec No 7711100780 --I 10 0
z
116.00 Sin
N 88'47'53" E _
MOST WESTERLY SW iv 22.11
CORNER OF PARCEL,
\16 �p1 e 0
�� Votg33
1
Vo' 9 Pg 90 0'I 60' 120'
I
6 1 7 I 8
Existing 16'IAlley per Rec.
No. 103913 & 1018859 —I
1l 348.07'
I UU.I 1
00 0�a+ 0
f� z
50'RML Rec No 1400591;
Proposed Vacation
I 14' Alley per
3 Rec No. 1454217;
ProposedVacation
��
0 \P %
Qac 3A0p�',
nle;TZ
Lep �
113:85' vu.vv
N 8847'53" E 50.04' N 88'4753 E 14.01'
NOTES: p`I
1. BASIS OF BEARINGS IS BLA-13-0007 RECORDED \�p�
UNDER REC. NO. 20131108900002, RECORDS OF KING S�p1 ,1900
COUNTY, WASHINGTbN. L 9zO
2. DRAWING MADE TO ACCOMPANY LEGAL o20 _
DESCRIPTIONS FOR ROAD AND ALLEY VACATIONS. —�— — — — — — — —
CITY OF AUBURN
COMMUNITY DEVELOPMENT AND
PUBLIC WORKS DEPARTMENT
Vacation V2-16 PROJ: Alley Vac
EXHIBIT "B" MAP 7101/2016
SCALE,
A PORTION OF THE NW 1/4 of SW 1/4 SEC 18-21-05 1"=60'
DRAWNN BY- RR8