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Hard File Scanned CITY OF YELM DEFERRED DOCUMENT RECORDING COVER SHEET DA TE: AUGUST 16 . 1995 Name AGNES COLOMBO, CITY CLERK Department: CITY HALL Signature. 01V yJ6~ i! Phone 360-458-8404 * * PLEASE LIMIT BATCHES TO 20 DOCUMENTS* * BATCH 1 OF 1 (Include a seperate ~over sheet for each batch I TYPEOFDOCUIVlENT'. .. FEE #:OF.PAGES ,.~ Ord #557 Allev Vacation 3 $ 9 00 . , . 2~. I I $ .. 3... $ .. 4".. j $ ... ... 5~: I $ 6.... I $ ... "!" .. 7., $ ... 8 $ ... 9~: I $ .:10. $ , 11., $ .. I {1Z;.::. $ ... .,~.~ 13i.. $ :.1"4.. $ ... .: 1.,5." $ ::.16=....." I I $ <17~.... $ ::..tSt:, $ /19:.,; $ ... :",,20-.:;::, $ TOTAL: $ 9 ~ '.{FOFtAUDlTOR~S:USE': 0 I\IlYY::' RECOROiNGI $': SURCHARGE:#.t::$": .. StJRCHARGE:':#Z~:::$d(;:'{;:::::::": .. .. .. . .n . ... ... -- - ..-- -,.. .' CITY OF YELM ORDINANCE NO. 557 AN ORDINANCE VACATING RIGHT OF WAY OF AN ALLEY RUNNING NORTH AND SOUTH AND LOCATED ON THE WEST SIDE OF FIRST STREET SOUTH BETWEEN YELM AVENUE AND WASHINGTON STREET AND TRANSFERRING TITLE TO SUCH PROPERTY ACCORDINGLY. WHEREAS, a petition has been filed bearing the signatures of the owners of more than two-thirds of the property abutting on the street right-of-way described below; WHEREAS, the Yelm City Council has held a duly-noticed public hearing regarding such request; WHEREAS, the Council finds that such vacation would be in the public interest and therefore the request should be granted. WHEREAS, the Council has determined that it is in the public interest to retain an easement for public and private utilities along and over such alley. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES ORDAIN AS FOLLOWS: Section 1. The following described property 1S hereby vacated by the City of Yelm. That portion of the alley lying between Lots 1 and 2, and the Northeasterly half of Lots 3 and 4 of block 2 in McKenzie's First Addition to Yelm as recorded in Volume 8 of Plats, Page 26, in Thurston County, Washington and lying between the westerly line of First Street and the easterly line of the northern Pacific Railroad Company right-of-way. Section 2. That title to said right-of-way shall vest 1n the owners as of the effective date of this ordinance. Section 3. That a copy of this Ordinance shall be recorded by the city clerk with the Auditor of Thurston County. Section 4. This ordinance shall be effective on August 22, 1995, being a date not less than five days following publication. ~ " A 'X "l Ij('~J r; I{' --r t!/lI' I . .,,-1.-'; 11..,,-Y1' .. I / j'v Kathryn/M. WOlf, Mayor Attest: /) \) /; I ( /-'" L ,~. I)); i"i Ag es P. Colombo, City Clerk PASSED AND APPROVED: August 9, 1995 PUBLISHED: N1squally Valley News, August 17, 1995 ac\legal 95\ord557 33-0001 'A city of '{elm AlleY vacation o:cdinaD-ce No. 551 8/95 1)\) ~\)'\ RaO{t\) -1'\\,\$ f{\&l~ -1'" UTILITY EASEMENT (INDIVIDUAL FORM) THIS INDENTURE, made this 16th day of August, 1922, between George Narazonick hereinafter called the GRANTOR, and the CITY OF YELM, a Municipal Corporation, hereinafter called the GRANTEE, WITNESSETH: For valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, its successors and assigns, A PERPETUAL EASEMENT FOR City of Yelm, OWNED AND/OR OPERATED UTILITIES, over, under, upon and through a portion of that certain real property situate and being in the County of Thurston, State of Washington, more particularly described as follows, TO WIT: PERMANENT EASEMENT: Said property being described as follows: That portion of the alley lying between Lots 1 and 2, and the Northeasterly half of Lots 3 and 4 of block 2 in McKenzie I s First Addition to Yelm as recorded in Volume 8 of Plats, Page 26, in Thurston County, washington and lying between the Westerly Ilne of First Street and the Easterly line of the Northern Pacific Railroad Company right-of-way. TOGETHER WITH the right to enter upon, over and along said real property hereinbefore described, from time to time, to construct, inspect, repair, alter, modify, replace, remove, and update to present and future technological standards, said City of Yelm, OWNED AND/OR OPERATED UTILITIES. The Grantor shall not place or construct a building or other structure on the easement right-of-way. The permanent rights herein granted to the Grantee shall continue in force until such time as the Grantee, its successors or assigns, shall permanently abandon the same and upon such removal or abandonment, all rights hereby granted shall terminate. IN WITNESS WHEREOF, this year fi above-written. ,~'\ d the day . /cAf GRANTORS: George J Narozonick Grantee Vila F. Narozonick ) )ss COUNTY OF THURSTON ) I _ tertriY that I know or have satisfactory evidence that G F? R c'- E ~ 0... '" d, )Ll fa. . r:fo-r.enC-e. NaY6L...ONlc..)c (i:I{jare) the person(s) who appeared before me, and S3ld person(s) acknowledged that: ~jthey) sIgned this instrument, and acknowledged 1t to be ~li:;t:sfB.~their} free and volunt:ary act for the uses and purposes mentioned in the instrument. ~''myhandandseaJtllls //,711 daVOf~~' 19-9--5- 'f~:':;': ~::;~!,~:v.:~~"\;' ~~ ~/ i fa" ..' tL7~1 L ~ O.} ~"... ~ .,. ~ " f 4%'''~ .~ ./1: (/ h . ? /.A '" J . ~.:::/ ::'"l.0~P.H~ ...~: .:; : ;'" a.,.(u '1 . . I"I/{A..Q ~ t. :' f""\ ~ Q ... .. - '" : ~ N otaxy Pubhc m ana for the - ..' c. Z ' Stat ~W' . ~ . " fJ.; U \... \ .., e or asnm.gton, \ - V' ' ..' , .. U /-/ 11../ .... -:, ..... ". :-"... -.. r~- reSlamg at = _,-/ ~ ?J", " ~ " 'Ii ........ ,(' ".. ,.. ,I' "'" 'J~' ~ c '" \'0" "."I/Ii' W ",-' ,j~ "'11"",.,,' ~-. --~.,. STATE OF WASHINGTON Cl-)).-C;) My COm.IIllSSlOn explIes: Accepted by the City ofYelm, Washington. thIs i fLin-\-da7f A\I (, \iSr" , 19 9 <; 1,~+~Dc,-, BY DlIector of Pubhc Works STATE OF WASHINGTON ss COUNTY OF THURSTON keN N ETt-f On th.1s day and year above, personally appeared before me ,G-It-Rl'-1 A N. to me known to be the Public Works Director of City of Yelm, a Munic1pal Corporation, who executed the foregomg mstrUment and ack:nowiedged the saJ.d instrument to be the free and voluntary act and deed of said MUIllo.pal Corporation for the uses and purposes therem mentioned and on oath states he 15 authorized to execute the said mstrument. Given under my hand and seal t.bJ.s / ~ -rf., day OfU.t.c;,..t",J- , 19 9 S-- ! o . 2j~1 I I ,'(/ ;/ - i -latkVi /~_ , J;J~ Notary Public m and for the State ofWashmgton, reslCllng at Y I-? L r-f ~"",..L~'f4J.71:H~'lt , ~~~;~~::~i~. ~ <\: ....." ;0. . ~ ~.... .. ). t""':' ...... ! <l:>:"" to:..~" \ c: ".. ~_~ 7 ~ r.--.(/' ~..~"'" ( ,"; , ! ~ - . ~ ~~ ') II <T ,.; " (" _ tv I ~ ~::'"'l: 0 . :. ~ .J:' : ::- .:...> -.- t,n.. -: =LI', ,.:J{jS\..tc. :..;:-_ ;.~ . {"\_..;~,. ~ ""\ ...:. It; -:. v........ ~... -- ... ~. ,,_ ... , '.... ~ --. . ~..... , "..,...,... (J f:' ~'f; s .' '....' "'1", l.'\\' .<;..t. 'I' I"f.,.".," .,~,l." Q-;)J-9P My COmmlSS10n explIes: "-"'J 31-02 33-0001 y !A f Yelm city 0 vacation 57 Alley ce No. 5 Ordinan 8/95 .-,- . CITY OF YELM ORDINANCE NO. 557 )~ Yo( '1- \ c)'! J -0 ~ ~ " AN ORDINANCE VACATING RIGHT OF WAY OF AN ALLEY RUNNING NORTH AND SOUTH AND LOCATED ON THE WEST SIDE OF FIRST STREET SOUTH BETWEEN YELM AVENUE AND WASHINGTON STREET AND TRANSFERRING TITLE TO SUCH PROPERTY ACCORDINGLY. WHEREAS, a petition has been filed bearing the signatures of the owners of more than two-thirds of the property abutting on the street right-of-way described below; WHEREAS, the Yelm City Council has held a duly-noticed public hearing regarding such request; WHEREAS, the Council finds that such vacation would be in the public interest and therefore the request should be granted. WHEREAS, the Council has determined that it is in the public interest to retain an easement for public and private utilities along and over such alley. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES ORDAIN AS FOLLOWS: Section 1. The following described property 1S hereby vacated by the City of Yelm. That portion of the alley lying between Lots 1 and 2, and the Northeasterly half of Lots 3 and 4 of block 2 in McKenzie's First Addition to Yelm as recorded in Volume 8 of Plats, Page 26, in Thurston County, Washington and lying between the westerly line of First Street and the easterly line of the northern Pacific Railroad Company right-of-way. Section 2. That title to said right-of-way shall vest 1n the owners as of the effective date of this ordinance. Section 3. That a copy of this Ordinance shall be recorded by the city clerk with the Auditor of Thurston County. Section 4. This ordinance shall be effective on August 22, 1995, being a date not less than five days following publication. ~ if I '- I. l.(' . / O;JJ,AA -7!) };; j4 ~ Kathryn 1M. Wolf, Mayor At st: ! yJ ClhJJJ L es P. Colombo, City Clerk TH!JRST:Jr. COUr.~T' JL i 'i~1P I H, ~.JA e:::...'17...fS!~ 1 :34 Pt~ -~E,~UEST DF: f!;C'/ S,::'rii S. Reed; AUn I TOh' JY: CRRRIE, DEPUTY $7.0k ORDer PASSED AND APPROVED: August 9, 1995 PUBLISHED: Nisqually Valley News, August 17, 1995 II/IJ ; 2442 P.Et9€': 6:3::; -. e r"JIJ: 9S0S 1 -;:"1,.3 1 45 ac\legal 95\ord557 33-0001 'A city of '{elm AlleY vacation O:cdinaD-ce No. 557 8/95 1)\) ~\)'\ Rao{t\)-1'\\'\S f{\&l~ "-r: ", - UTILITY EASEMENT (INDIVIDUAL FORM) THIS INDENTURE, made this 16th day of August, 1995, between George Narazonick hereinafter called the GRANTOR, and the CITY OF YELM, a Municipal Corporation, hereinafter called the GRANTEE, WITNESSETH: For valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, its successors and assigns, A PERPETUAL EASEMENT FOR City of Yelm, OWNED AND/OR OPERATED UTILITIES, over, under, upon and through a portion of that certain real property situate and being in the County of Thurston, State of Washington, more particularly described as follows, TO WIT: PERMANENT EASEMENT: Said property being described as follows: 1:J~ 2442 c',:t3e; 534 F .Ie r.Jc: ~ 951.3:31 71-3146 That portion of the alley lying between Lots 1 and 2, and the Northeasterly half of Lots 3 and 4 of block 2 in McKenzie f s First Addition to Yelm as recorded in Volume 8 of Plats, Page 26, in Thurston County, washington and lying between the Westerly line of First Street and the Easterly line of the Northern Pacific Railroad Company right-of-way. TOGETHER WITH the right to enter upon, over and along said real property hereinbefore described, from time to time, to construct, inspect, repair, alter, modify, replace, remove, and update to present and future technological standards, said City of Yelm, OWNED AND/OR OPERATED UTILITIES. The Grantor shall not place or construct a building or other structure on the easement right-of-way. The permanent rights herein granted to the Grantee shall continue in force until such time as the Grantee, its successors or assigns, shall permanently abandon the same and upon such removal or abandonment, all rights hereby granted shall terminate. IN WITNESS WHEREOF, this year fi above-written. ,~ d the day ~~ GRANTORS: George J Narozonick Grantee Vila F. Narozonick Real Estate S31ps tax p~ld ()lltIU- Receipt no _Vj(h'~ Date <6- \1. y.t) MIC1f!, j i'", I ,",-,, 'r'-"on Co T By '\.A.L\.)\t ....l"'~,"'l Ireas lU,Ali__ De p u ty ) )SS ) I, tertify that I know or have satisfactory ~vidence that Gpo R (} E: ~ a.. '<\. d. 'V I I a. . F( O'(.e n C -e.. N a 'r 6 'Z. 0 N I c.. Jc (tr(/ are) the person(s) who appeared before me, and said person(s} acknowledged that \1,.. ,'~tthey) Slgned this instrument, and acknowledged it to be ~ka:;Ltheir) free and voluntary act for the uses and purposes mentioned in the instrument. ~,~i:1;yhandandsea!t!ns L6't1, daYOf00~. 19-3.5 ,(~,~\' L, C. t!).,/:.." "'. , ;@ t2~ ," " ,', . " oJ" , ./J~'" ..., ....... ~ ..... \\ k' .p"".,., ~. -.. ~ " ... ""-. ~... '. .' ',' I.l. :A ,; .} Q .... (;.' '. (,/J' '. '. /Y. 12 ./ ~ ~}! ~ ~~~ Ih-;....... .'; _ t..I~ "'7 . t! ;;i :'~ -.- ,:;: ,.~. Notary Public in and for the - .." (, z. r S iW h ~ .. FJU\.. \' ").: tate 0 as mgton, \ ~~"~. ';-i.;;;.-~~' ,.;- , residing at U b-L H '~ ~,/'- ...... ........ ~ ~ \l ',. ~ ....... "... ~ ",. :1,.. \u 1- ~~'c' ,,,,~' {. "/"1 " ",..., , ''''(n.''''\' . -~;;.*.-- ---~~ STATE OF WASHINGTON COUNTI OF THURSTON Cl-;)).-c;J My commissIon expIres: Accepted by the City oiYelm, Washingron. tills j~~iLi~!~ Director of Public Works STATE OF WASHINGTON SS /.J;..; ~442 :I.:t;e: 535 F ~ 1.:; r,~,j ~ 95~3;3 1 7J..3146 COUNTI OF THURSTON ~~~~!. /., \\' II, "'1 I" ' 'J,~ \ ' ~ l'... .~ /'/ ( it' ",,' ',;,', ,~<>.... ..... \t',;-' '''.. ~ ".,.' \ ~ '"' -.....~, ~ ~,,""'~ t,...... r -=:. -A 1 ~ c-....,. \.. .. .... l-'A \. ~ j.,..... v. i:: ~ : ~\:\,';) *'f-{;-.. '; f"\: .t ~ f:n,: o' ,.. ~ '.~: ,~ i ~" ..,.-- ..: ~ ~ ~... :~:~t.:'~ ..: -; f I~ ~ -v,.,.,.. -It. '"', ....w.. ,,: "I. " ..... , ":,. ~ "0 ,." ~ . ~ 0 ....,.._... ~ ,...... ,'"" p ". I"" WAS." ,\'.\ ~' '".. ." '''(:.. '11'......'. .' twtr;)to~_~~. keN N eTt-f On this day and year above, personally appeared before me,G-Jl-,e. H J\ N. to me known to be the Public Works Director of City of Yelm, a Municlpal Corporation, who e."'{ecuted the foregomg instrUment and acknowledged the said instrument to be the free and voluntary act and deed of said MUDJ.CJ.pal Corporation for the uses and pu.rposes therem mentioned and on oath states he 1S authonzed to e."'{ecute the said instrument. GiVen under my hand and sea! this / t -rt, day Of~J , 199r I ~~-4d~~ Notary Pubhc m and for the State ofWashmgton, residing at L/ F I ,H CJ -} 'J-y p My COID.IDJ.SSlOn expIres: -liur;~STON COUNT-..' OL'r't-iP Ii-"\; l4h 38..117/95 1 :35 Pt'1 REi)UEST OF: /GC''j ;am S. R~ed, RUDITOR BY; C~RRrE, DEPUTY t8 .00 EHSCD .--~-+- ._- --, ..... '-"_.~'~."'.~-"-'- '-'-~"~"-'~--"'''''''''' CITY OF YELM RESOLUTION NO. 330 AND NOTICE OF HEARING A RESOLUTION IDENTIFYING PROPERTY AND ESTABLISHING A PUBLIC HEARING DATE TO CONSIDER THE VACATION OF AN ALLEY RUNNING NORTH AND SOUTH AND LOCATED ON THE WEST SIDE OF FIRST STREET SOUTH BETWEEN YELM AVENUE AND WASHINGTON STREET. WHEREAS, the owners of the above described property have pet1tioned the City to vacate the alley lying between Lots 1 and 2, and the Northeasterly half of Lots 3 and 4 of McKenzie's F1rst Addition to Yelm, as recorded in volume 8 of Plats, Page 26; and WHEREAS, a past City Council action indicates the intent of the City to vacate this alley; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. Vacat10n of the following describe property has been requested: That portion of the alley lying between Lots 1 and 2, and the Northeasterly half of Lots 3 and 4 of block 2 in McKenZ1e's First Addition to Yelm as recorded in Volume 8 of Plats, Page 26, 1n Thurston County, Washington and lying between the westerly line of First Street and the easterly line of the Northern Pacif1c Railroad Company right-of-way. Section 2. A public hearing to consider vacation of sa1d alley shall be held as part of the regular City Council meeting scheduled for 7:30 pm, August 9, 1995, in Council Chambers at Yelm City Hall, 105 Yelm Avenue West, Yelm, Washington. Written COTIUTIents or object1ons of any abutting property owners shall be addressed to the City Clerk's Office, PO Box 479, Yelm, WA 98597. ADOPTED by the City Council of the City of Yelm, Washington, and APPROVED by its Mayor, at a regularly scheduled open public meeting thereof th1S 27th day of June, 1992. '--'V ///J ) I/' )) Cl,.L-/), 0n~ tl,) (,...<.-!- Kathryn'M. Wolf, Mayor Atteyt: ,I) , \/~ {: ' ( f ( )n, I ~Jt>>IIi': Agnel? P. Colombo, City Clerk Publ1shed: Posted: July 6, August 3, 1995 Yelm City Hall, Yelm-Timberland Library U.S. Post Office, Site Cr '2-0- q S, ~o" e,f" 0'1"- ~l-~ I G tse><iCIo""' \\ ~ov:J "" (- '?, 'D d C?i'O -T ,-;-,0'" ,,0-"'- o \-- '- <<-"\ I) ~ s c (2. I r?'" D f'- '3. /l ___ L.. '-...1 """ \ ~\ 6 ".( r C (~-xe- \ L... \.' ~ \ 0 '\ \ .s..- v- t-.......... \ f\. t:::: "----'\ ~ L- r- IJJ A-S \-I- \ 0 \ "'\ ~L- t"- rv' ~ t 0 \-L- (}vU' "h r-\'\ P. Q9cRG3 s '" 5> \ 42- 5~ ,~,,~ :0," "'w W r~ \.\- o t.-, ,--. ~1 <Pc l OJ t~O ? 'V \\ ~'Sl- 'I:' 4. '\ " S '\ \f"{.. c.~~L-\ 0" .. SCHEDULE C ~ T? ~ VVl ~ Ie if' O/) /, .ISr5 f l V ,0- ~~ SLC H288831 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF THURSTON AND IS DESCRIBED AS FOLLOWS: LOTS 1 AND 2, AND THE NORTHEASTERLY HALF OF LOTS 3 AND 4, BLOCK 2, MCKENZIE'S FIRST ADDITION TO YELM, AS RECORDED IN VOLUME 8 OF PLATS, PAGE 26. TOGETHER WITH VACATED ALLEY IN BLOCK 2 IN THURSTON COUNTY, WASHINGTON. Ulllt.r~: 1I!-;i"1t.- \ - r1 H 1_ t, 1 t. _I U n L.:".:i ':' 1:, I_I I rw I) U 1:> r I_I 1 - , ' Co >";- .. . ,.. OWENS DAVIES MACKIE, Attorneys at Law 926-24th Way S.W., Olympia, WA 98502 PO. Box 187, Olympia, WA 98507 Phone: (360) 943.8320 Fax: (360) 943-6150 "FAX" COVER SHEET TO Agnes Colombo Fax number 1-458-4348 FROM James H Blundell, Jr. DATE June 23, 1995 NUMBER OF PAGES 2 (including this page) DOCUMENT' Alley Legal Descrition for Narolonick Vacation ''I> Hard copy will not follow THIS FACSIMILE MAY CONTAIN CONFIDENTIAL, PRIVILEGED INFORMATION INTENDED ONLY FOR THE INDIVIDUAL OR ENTITY TO WHOM IT IS ADDRESSED DO NOT READ, COpy. OR DISSEMINATE THIS INfORMATION UNLESS YOU ARE THE ADDRESSEE (OR THE pERSON RESPONSIBLE FOR DELIVERING IT) IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE CALL US COLLECT IMMEDIATELY AT 360-943-8320 AND RETURN THE ORIGINAL COMMUNICATION TO OWENS DAVIES MACKIE, PO BOX 187. OLYMPIA, WA 98507. VIA THE POSTAL SERVICE MAILING COSTS WILL BE REIMBURSED. THANK YOU If you did not receive all copies, or If any are illegible, please call Sandy Growe at (360) 94~-8320 Iii -1 l-= II ,_ 4 F M f II ! UIIIU.l: lIH"It.: nHI_t: It. _I U n ~:" :i':, 1:' U I r~o '_"_If:, r I_'~ ... . .C1 LEGAL DESCRIPTION OF ALLEY FOR NAROZONICK VACATION BY YELM CITY COUNCIL That portion of the alley lying between Lots 1 & 2, and the Northeasterly half of Lots 3 & 4 of Block 2 in McKenzie's First Addition to Yelm as recorded in Volume 8 of Plats, Page 26, in Thurston County, Washington and lying between the westerly line of First Street and the easterly line of the Northern Pacific Railroad Company right~of.way C \WP&1\\s2\28\YELMWACATIONNAIl I i - ,I ,- II ,_ 4 r Ivl i' I I JUN-21-95 WED 09:36 p, 02/02 f~~ ~5"E -1~31 g SCHEDULE A TO NAR02ONOCjFlRST COMMUNITY B,l.NK lEASE Jl ,'lt0 pv 1) ~ ~1) '0 I~ D~t IG~V Lots 1 and 2, and the Northeasterly 1/2 of Lots 3 and 4, ~ ",\0 Block 2, McKenzie's First Addition to Yelm, according to tJS If \ V Plat recorded in Volume a of Plats, Page 26, records of ~l v Thurston County, Washington, TOGETHER with vacated ~ alley in Block 2 and subject to easement over the East five feet of the Northeast half of Lot 4 to the Town of Yelm and subject to other easements and instruments of record LEGAL DESCRIPTION OF REAL PROPERTY Post-It'" brand fax transmittal memo 7671 # of pages ~ I To From /1' , '"'- /IJ/ /'1, ;,,'c,;J Co. Co. U Dept. Phone # ;;: - -g,/C V 1I1 ~n~e-S Co La t-,-eo Fax # Fax # -'l1w- tu~~Cw 12fl--v~ +iu o Gu 'J-e ~A '-V , 6-.?,CQ lQ)+'~ o..\\~ \1-,(<;' ctJy 'P'l ufi\-eJ L-~ ff\t~~(Ji<) ~(c;t. \jo\\}VY\1 ~ ~ fl4r ) Plt~ ~JzL +iJ 0(~ S G, 1]1 rr/;J<fY>oJi) t-.) -t~ 0 ~~} ~r2 c~ JUN-21-9S WED 09:36 P. 02/02 f(\~ A,..."',f,I, /1"2 4 g /7 )~~- I:':> ( SCHEDULE A TO NAAOZONICK/FIAST COMMUNITY BANK \..9..SE: LEGAL DESCRIPTION OF REAL PROPERTY Lots 1 and 2, and the Northeasterly 1/2 of Lots 3 and 4, Block 2, McKenzie's First Addition to Yelm, according to Plat recorded In Volume 8 of Plats, Page 26, records Of Thurston County, Washington, TOGETHER with vacated alley in Block 2 and subject to easement over the East five feet of the Northeast half of Lot 4 to the Town of Yelm and subject to other easements and instruments of record A Post-IeM brand fax transmittal memo 7671 # of pages ~ I TO""", /IJ! .~ (4)0EII From f/e.:) Co. Co. Fax # Fax # Dept. Phone # 11-l-p., -( e- S COL01~~60 -.\\v- a\\'4 h~<; CV:v ?") u)i\~C& l,~ 'b-~'ttJ -0l "V'-> +W Q L:) <.J "J--e d.J...A '-V 1 6.JH,Q lQj+-~ ~ t Yi0vI<. li. \ ~i <; t' \Jc\\JVh1 ~ ~ f'/4r ) r<t~ ~L~ +0 ~~"'- C; G,1Jl )'Y\~JO t-,) t~_ 0 ~~} ~r2 c~ II Ii - '- 1 - LJ [:"1 1 n 1-1 u }-\M F II ~ JUN-21-95 WED 09:35 p, 01/02 THURSTON COUNTY TITLE COMPANY 105 EAST 8TH AVENUE OLYMPIA, WASHINGTON 98501 TELEPHONE (206) 943-7300 FAX. 357-8562 FAX. 786-9315 FA~ COVER LETTER FIRM ~~'JI-9~ ~b ~.oltlliVlbo ~~, Ll (] ~, y. --3- ~ y\;, DATE TO .a CITY l) e;2 - l/ ~(-I () TELECOPIER tt _ () RE. N u (2,01,0 V\ ( ~,1 c V c, utt" d I~ (( ~/ --L We are transmitting please call pages, including this cover page. If you do not receive all pages. I at phone number It GlMC'\.J <.t7/\ (1.11 FROM s: LA~l II h - L 1 .- -ll~1 1 II r II ;-l.NI F II 1 FRANK J. OWENS ARTHUR L. DAVIES JOHN V LYMAN AlEXANDER W MACKlE* RICHARD G, PHIWPS. JR. BRIAN L. BUDSBERG MICHAEL W MAYBERRY KIRK M, VEIS ROBERT F HAUTH OWENS DAVIES MACKIE JUN I 6 1995 A Professional Services Corporation Attorneys at law _._~-,..~""'-:~-=:..~ "ALSO ADMITTED IN WASHINGTON, D.C, June 15, 1995 Street address 926 - 14tllWay S.W -~,- OlympIa, WashIngton 98502 Mailing address POBox 187 Olympia, Washmgton 98507-0187 PTwne (360) 943-8320 FlUSimile (360) 943-6150 BURTON R. JOHNSON (1970) CYNTHIA D, TURNER MATTHEW B. EDWARDS JAMES H. BLUNDELL, JR. Shelly Badger City of Yelm POBox 479 105 Yelm Avenue West Yelm, WA 98597 Re Vacation of Alley Dear Shelly' Scott McDonald of Thurston County Title called and asked what the procedure in the City of Yelm is for the vacation of an alley It seems that the alley between the First Community Bank property and City Hall has not been properly vacated, despite recorded deeds stating that it has been vacated I told him that I would review the law pertaining to street vacations and get back to him I am providing him with a copy of this letter in response to his inquiry This is the process provided at RCW 35A.47 and 3579 You should use this process for the vacation of the alley, or any other street for that matter, should the City wish to proceed Beginning the Vacation Process The vacation of the alley may be processed either in response to a petition by an abutting owner or owners, or by initiative of the City Council itself by adopting a resolution In either case, the petition or resolution must be filed with v the City Clerk to begin the process v If the property owners initiate the process by petition, the petition must include a description of the property to be vacated If the City Council initiates a vacation by resolution, the resolution should also contain a description of the property Hearing Resolution and Hearing Where the City Council initiates the vacation itself, the hearing resolution shall fix the time and place for the hearing Where the vacation is initiated by property owners, only if the petition is signed by the owners of two-thirds of the property abutting the alley must the City Council adopt such a hearing resolution If so, the hearing resolution must obviously fix the time and place for the hearing The hearing shall not be more than 60 nor less than 20 days after passage of the heanng resolution .( Notice Upon the passage of the hearing resolution, the City Clerk gives at least 20 days notice of the pendency of the vacation petition or resolution Such notice shall be In OWENS DAVIES MACKIE Shelly Badger June 15, 1995 Page 2 writing, p;,sted in three of the most public places in the City, ~ in one conspicuous place on the alley The notice shall contain, at a minimum, the following .I a. a statement that a petition or resolution has been filed to vacate the alley; and / b a statement of the time and place for the hearing rJP~ !f the vacation is initiated by City Council resolution and ~ot by petition, the Clerk shall, in addition to the notice required above, give 15-days notice by mail of the same notice provided above to all owners abutting the alley as shown on the rolls of the County Treasurer / The notice should also state that abutting owners can file objections to the vacation but that such objections must be in writing and submitted to the Clerk. Objections If 50% of abutting owners file written objections to the vacation with the Clerk prior to the hearing, the City is prohibited from proceeding with the vacation Hearing The hearing on the vacation shall be before either the ~ity Councilor a committee thereof at the time fixed in the hearing resolution If the hearing is before a committee, it shall report its recommendation to the City Council, which may either adopt or reject the recommendation If the hearing is before a committee, there is no need for a hearing before the City Council Ordinance The City is then authorized to vacate the alley by ordinance The ordinance may provide that the vacation is not effective until the City is compensated The City may require that abutting property owners compensate the City in an amount not to exceed 1/2 the appraised value of the area so vacated Where the property was acquired at public expense however, compensation may be required in the full amount of appraised value The ordinance may also provide that the City retain an easement or right to exercise and grant easements for utilities and services A copy of the ordinance shall be recorded by the Clerk in City files and with the County Auditor If you have any questions about this process or its application to the alley in question, please call Sincerely yours, OWENS DAVIES MACKIE JHB/slg cc Scott McDonald Blundell, Jr C:\WP51 \52\28\ YELM\L T\ VACATlON.L T THURSTON COUNTY TITLE COMPANY Your Locally Owned Title Company 105 EAST 8TH AVENUE · OLYMPIA, WA · 943-7300 Prepared For: \ jf v11 l~Lv Y) ele! / Representing: () WJ2MS I D A!v,-es ) yY} J4G~ c;: Co rt 101 tJ ifV1 ~ Prepared By: Date: Co-- /~'-C;6 Reference' VA(f4t~cl Au.~ l/ ~tJu:~ G.t.s I ~:L -i- s fV gt:. d- \1\11 e 'K.R/lA <. l-l ; i I (, ItS 7 N d c[J;~ The mformatlOn proVIded herem IS furnIshed as a publtc serVIce, We hope It proves to be of value to you. Although care has been taken m ItS preparatIon, the company assumes no ltablltty for ItS accuracy The Thurston County Assessor's records have been used to complete thIS property profile ~~CC~ijw!t~ ~ l ! n ~ 'j:\ "995 c JUI1;]! i OVVENS DAVIES MACKIE " PROMPT& PROFESSIONAL TITLE & ESCROW SERVICES,'" '" , (,' ' 't l\ '.' ' .. . .~ "Service Is The Difference" City ofYelm YELM WASHINGTON 105 Yelm Avenue West POBox 479 } elm, Washington 98597 (360) 458-3244 FACSIMILE TRANSMITTAL FORM TO INDIVIDUAL FROM CaMP ANY FAX NUMBER NUMBER OF PAGES TO FOLLOW DATE (tr / 16~c; TIME SENT I 3 : ~~ Pm, . SUBJECT ADDITIONAL COMMENTS -;!n h l;;()7J ?()f/ld flJ (.I/;({') I())/~ I ' / fAY? nv~ ~ r 'v j 1 ********IF YOU DO NOT RECEIVE ALL COPIES OR ANY COpy IS NOT LEGIBLE, PLEASE CALL (360) 458-3244 AS SOON AS POSSIBLE ~F ~/- nQT fPit7n 8J UJA. JI. h ~ TIJU'A Db ~\).( It ()i\. Uti;;.. ~~ p(JUfJ, UXrJ td ~ .cj NP? '3 <I V t.;J /;/k. 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