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Home My WebLink About6916 (2) • ORDINANCE NO. 6916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, AMENDING ORD. NO. 6839 AND EXTENDING THE DEADLINE TO COMPLETE CONDITIONS ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A PORTION OF WEST MAIN STREET, EAST OF LUND ROAD SW, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington ("City"), approved Ordinance No. 6839 on December 20, 2021, vacating right-of-way located within a portion of West Main Street, east of Lund Road SW, within the City, subject to conditions outlined in that Ordinance; and, WHEREAS, Section 1, Paragraph I of Ordinance No. 6839 required that all conditions of the vacation be completed by December 20, 2022 or the vacation and Ordinance would be null and void; and, WHEREAS, pursuant to Auburn City Code (ACC) 12.48.090 and before the December 20, 2022 deadline in Ordinance No. 6839,the applicant requested additional time to complete the required conditions of Ordinance No. 6839. The City Council granted the request by passing Ordinance No. 6893, which amended Ordinance No. 6839 to extend its vacation condition deadline to September 20, 2023. A copy of Ordinance,no. 6893 is attached as Exhibit A to this Ordinance; and, WHEREAS, by letter dated July 10, 2023, the applicant has indicated that due to unresolved permitting issues, they will not be able to complete the vacation conditions in Section 1, paragraphs F and G of Ordinance No. 6839 by the amended September 20, 2023 deadline set by Ordinance No. 6893. The applicant again requests additional time to Ordinance No. 6916 ROW Vacation VAC21-0002 August 1, 2023 Page 1 of 3 complete the conditions, and estimates completion by September 30, 2024; and, WHEREAS, the City has determined that the applicant's request to have a second extension of time until September 30, 2024 to complete the conditions in Section 1, Paragraphs F and G of Ordinance No. 6839, is reasonable in light of the unresolved permitting issues, and that it is in the public interest to continue the deadline; and, WHEREAS, the City Council has considered and approves the applicant's request for extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Amendment of City Ordinance. Section 1, Paragraph I of Ordinance No. 6839 is amended to read as follows: This vacation shall be effective upon completion of the provisions in paragraph F, G, and H, above. The above described provisions of paragraph H must be completed by December 20, 20221 and the above provisions of paragraphs F and G must be completed by September 30, 2024, or the vacation and this Ordinance will be null and void. 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 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 Ordinance No. 6916 ROW Vacation VAC21-0002 August 1, 2023 Page 2 of 3 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 together with Ordinance No. 6893 and Ordinance No. 6839 with the office of the King County Auditor only upon completion of those conditions set forth in Ordinance No. 6839, at which time the vacation pursuant to Ordinance No. 6839 shall be effective under Auburn City Code 12.48.080. INTRODUCED: AUG 2 1 2023 PASSED: AUG 2 1 2023 APPROVED: AUG 2 1 2023 '..L .. NA 1 :ACKUS, AYOR ATTEST: APPR6VED AS A 40" ''%N3Shawn Campbell, MMC, City Cleric Harry Boesche,Ac g City Attorney PUBLISHED: fIS VP, 9,0,9)i�J 1Y\V� SWA TOW Ordinance No. 6916 ROW Vacation VAC21-0002 August 1, 2023 Page 3 of 3 • Exhibit A • ORDINANCE NO. 6893 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, AMENDING DEADLINE TO COMPLETE CONDITIONS ASSOCIATED WITH VACATING RIGHT-OF-WAY OF A PORTION OF WEST MAIN STREET, EAST OF LUND ROAD SW, WITHIN THE CITY OF AUBURN, WASHINGTON . WHEREAS, the City of Auburn, Washington .("City"), approved Ordinance No. 6839 on December 20, 2021, a copy of which is attached as Exhibit A, vacating right-of-way located within a portion of West Main Street, east of Lund Road SW, within the City, subject to conditions outlined in Ordinance No. 6839; and, WHEREAS, Section 1, Paragraph I of Ordinance No. 6839 required that all conditions of the vacation be completed by December 20, 2022 or the vacation and Ordinance will be null and void; and, WHEREAS, the applicant has requested additional time to complete the conditions set forth in Section 1, Paragraphs F and G of Ordinance No. 6839; and, WHEREAS, the City has determined that the applicant's request to have one extension of time until September 20, 2023 to complete the conditions in Section 1, Paragraphs F and G of Ordinance No. 6839, is reasonable in light of unforeseeable circumstances, and that it is in the public interest to continue the deadline; and, WHEREAS, the City has determined that the deadline to complete all other conditions in Section 1 of Ordinance No. 6839 shall remain December 20, 2022; and, WHERAS, the City Council has considered the request for extension. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, Ordinance No. 6893 ROW Vacation VAC21-0002 November 7, 2022 Page 1 of 3 WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Extension. The deadline for completing the right of way vacation conditions in Section 1, Paragraphs F and G of Ordinance'No. 6839 is continued in a one- time extension to September 20, 2023. The applicant's deadline to complete all other conditions of the right of way vacation in Ordinance No. 6839 shall remain December 20, 2022. 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 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. Ordinance No. 6893 ROW Vacation VAC21-0002 November 7, 2022 Page 2 of 3 Section 5. Recordation. The City Clerk is directed to record this Ordinance together with Ordinance No. 6839 with the office of the King County Auditor only upon completion of those conditions set forth in Ordinance No. 6839, at which..time the vacation pursuant to Ordinance No. 6839 shall be effective under Auburn City Code 12.48.080. INTRODUCED: DEC 0 5 2022 PASSED: DEC 0 5 2022 APPROVED: DEC 0 5 2022 NAN '`k CKUS, MAYOR ATTEST: APPROVED AS TO FORM: 4 ,// Enke, . anetiad/1 Vor:Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney PUBLISHED: Ordinance No. 6893 ROW Vacation VAC21-0002 November 7, 2022 Page 3 of 3 Exhibit"A" ORDINANCE NO. 6839 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING'RIGHT-OF-WAY OF A PORTION OF WEST MAIN STREET, EAST OF LUND ROAD SW, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn, Washington ("City'), has received a petition signed by at least two-thirds (2/3) of the owners of property abutting right-of-way located within a portion of West Main Street, east of Lund Road SW, within the City of Auburn, requesting vacation of the right-of-way; and, WHEREAS,as required by Chapter 12.48 of the Auburn City Code, a public hearing was held in connection with the possible vacation, with notice having been provided pursuant to statute; and, WHEREAS, the City Council has considered all matters presented at the public hearing on the proposed vacation, held on the 20th day of December, 2021, 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 portion of West Main Street, east of Lund Road SW, located within the City of Auburn, Washington, legally described as follows: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF CITY OF. AUBURN SHORT PLAT NUMBER SP-11-85, RECORDED JANUARY 08, 1986 UNDER RECORDING NUMBER 8601080790, IN KING COUNTY, WASHINGTON; THENCE NORTH 86°14'47" WEST ALONG THE NORTH Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 1 of 7 LINE OF SAID LOT 1 A DISTANCE OF 65.87 FEET; THENCE SOUTH 03°4513" WEST 3.00 FEET TO THE BEGINNING; THENCE CONTINUING SOUTH 03°45'13"WEST 27.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT THE RADUIS POINT OF WHICH BEARS NORTH 03°45'13" EAST DISTANT 2260.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°35'30"AN ARC LENGTH OF 338.89 FEET; THENCE NORTH 77°39'17"WEST 31.05 FEET; THENCE NORTH 86°14'47" WEST 30.07 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS SOUTH 80°5478" EAST DISTANT 30.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94°02'01° AN ARC LENGTH OF 49.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HABING A RADUIS OF 2233.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°22'20"AN ARC LENGTH OF 365.27 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 10,620 SQUARE FEET, MORE OR LESS. and as shown on the survey,a copy of which is attached, marked Exhibit"A"is vacated and the property lying in the right-of-way described, shall inure 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 vacated right-of-way as described above for the purpose of laying, maintaining, and installing future and existing water, sanitary sewer and storm 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 Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 2 of 7 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. 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 properties 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. Except as required or approved by the City, no excavation shall be made within three feet of said facilities. The surface level of the ground within the Easement Area shall be maintained at the elevation as currently existing except areas that were previously graded and must be re-graded to satisfy conditions of this right-of-way vacation as set forth in paragraphs F and G. 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. Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 3 of 7 B. Under the terms of the reservation set out in Paragraph A above and in accordance with RCW 35.79,030, the City 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 and removal of electric and gas distribution facilities. The owners of the adjacent property shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights. 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. C. In accordance with RCW 35.79.030, the City grants a private utility easement to CenturyLink over, under and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of wireline telecommunications facilities. The owners of the adjacent properties shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights. 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. Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 4 of 7 D. In accordance with RCW 35.79.030, the City grants a private utility easement to Comcast over, under and upon the vacated right-of-way as described above for the construction, operation, maintenance, repair, replacement, improvement and removal of cable facilities. The owners of the adjacent properties shall not erect any structures on the easement and shall not place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights. 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. 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 Utility 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. F, The applicant shall move the existing fence to the current property line ( as it exists prior to vacation) and obtain a Grading Permit to remove gravel and construct proper site improvements for storm drainage to storm inlet structures, parking, lighting and landscaping per City requirements and Engineering Design and Construction Standards. Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 Page 5 of 7 G. The applicant shall obtain required permits and replace the domed storm inlet structures with a standard grate and shall install concrete aprons around all storm inlet structures per the City's Standard Details. H. In accordance with RCW 35.79.0360 and ACC 12.48.085, compensation to the City of Auburn, shall be made by the owner or owners of property adjacent thereto in the total amount of Forty-five Thousand ($45,000.00) Dollars for the full appraised value of the right-of-way,which has been right-of-way for more than twenty-five(25)years and for which public funds were expended. I. This vacation shall be effective upon completion of the provisions in paragraph F, G, and H, above. The above described provisions must be completed by December 20, 2022 or the vacation and this Ordinance will be null and void. 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 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. Ordinance No. 6839 ROW Vacation VAC21-0002 November 3, 2021 • Page 6 of 7 Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor only upon completion of those provisions set forth in Section 1, Paragraphs F, G, and H, above, at which time the vacation pursuant to this Ordinance shall be effective under Auburn City Code 12.48.080. INTRODUCED: DEC 2 0 2021 PASSED: DEC 2 0 2021 APPROVED: !EC 2 0 2021 ANCY US, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney PUBLISHED: • • Ordinance No. 6839 • ROW Vacation VAC21-0002 November 3, 2021 Page 7 of 7 EXHIBIT A PAGE 1 RIGHT OF WAY VACATION LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF LOT 1 OF CITY OF AUBURN SHORT PLAT NUMBER SP-11-85, RECORDED JANUARY 08, 1986 UNDER RECORDING NUMBER 8601080790, IN KING COUNTY, WASHINGTON; THENCE NORTH 5614'47" WEST ALONG THE NORTH UNE OF SAID LOT 1 A DISTANCE OF 65.87 FEET; . THENCE SOUTH 03'45'13" WEST 3.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 03'45'13" WEST 27.00 FEET TO THE BEGINNING OF A NON—TANGENT CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS NORTH 03'45'13" EAST DISTANT 2260.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8'35'30" AN ARC LENGTH OF 338.89 FEET; THENCE NORTH 7719'17" WEST 31.05 FEET; THENCE NORTH 8614'47" WEST 30.07 FEET TO THE BEGINNING OF A NON—TANGENT CURVE TO THE RIGHT THE RADIUS POINT OF WHICH BEARS SOUTH 80'54'28" EAST DISTANT 30.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94'02'01" AN ARC LENGTH OF 49.24 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2233.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9'22'20" AN ARC LENGTH OF 365.27 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 10,620 SQUARE FEET, MORE OR LESS. A PORTION OF THE NE 1/4 OF THE SW 1/4 OF SECTION 13, T21 N, R4E, W.M. informed land survey• POBox5137 Tacoma, WA 98415-0137 �e 4Mr 0•.0 Phone:253.627-2070 admin('ti/andsu vey com • ssf, r^ a? www.1-IandSUNey.com d1; •.FcrsteN��' "ttiremaul' , 0/5/21 LAND SURVEYING•MAPPING•CONSTRUCTION LAYOUT `' ,J EXHIBIT A PAGE 2 RIGHT OF WAY VACATION DEPICTION I I2 IA �'7'3.' POINT OF IP t7'w •0.0' BEGINNING I G _Rz , _ W MAIN SrI" ti I 33.0' - - 6(RAD) CC \_ P.OINTOF C) COMMENCEMENT LOT 1 10,620 SQ. FT. I--iCITY OF AUBURN SHORT PLAT TO BE VACATED SP-11-85 IRECORDING NO. 8601080790 CURVE ARC LENGTH RADIUS DELTA Mil E Cl 338.89 2260.00' 8'35 30 C2 49.24' 30.00' 9402'01" C3 365.27' 2233.00' 9'22'20' UNE BEARIN9 JISTAkICE L1 N86'14 47'W 65.87 L2 S03'45'13'W 3.00' L3 S03'45'13'W 27.00' ' L4 N77'39'17'W,31.05' L5 N86'14'47-w 30.07' L6 S80'54'26'E'30.00' , GRAPHIC SCALE �'�,°F 0 .50 100 200 INIMI6IMMINEMONI 41st �� w y" '� ' c ' • , • 1 = 100 FEET • x51 p .• A PORTION OF THE NE 1/4 OF THE SW 1/4 OF 0/521 SECTION 13, T21 N, R4E, Wil. Vicinity Map - VAC21-0002 t,, `'•g eve~ c.''q s,� .,;(1-,..-'-.4,---..-1.--, w• • •:,44;" i ',-'3 ss.:a,-a';- e.. ;'., nCr.-J� `,r- alit- V , aat i r ,».•,a:,' 'r ;S,. "� _ �/"-• ^��+` ZZ" ��°5"=• _ ,�Y.«q .zyX. 3� �"4,,.7.„,...-4,K1,4,„...,,,,,:, ¢ JJ aia��,, .. .wx s�`, 1. '''''''''-w• q-,,,,:;.:;',-;,;:—. ,»� �.w;:.;j;r��,:. 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