HomeMy WebLinkAbout4783 RESOLUTION NO. 4 7 8 3
A RESOLUTION OF THE CITY COUNCIt OF THE CITY OF
_ _ _. ._ . _
AUBURN, WASNINGTON, DECLARING A PIECE OF REAL
PROPERTY AS SURPLUS AND AUTHORIZING ITS
DISPOSAL 1N ACCORDANCE V1fITH A SETTLEMENT
AGREEMENT
WHEREAS, in 1993 the City of Aubum purchased a 273 square #oot
triangular piece of property at;the convergence of Auburn Avenue and Auburn
Way North. The City landscaped the land for beautification; and
WHEREAS, in July 2009, employees of Yeriel LLC, an owner of a Little
Caesar's restaurant on a neighboring parcel, removed much of the landscaping
on the City's fiangular piece of property; and
WHEREAS, the City filed a lawsuit, Aubum v. Yeriel, 09-2-05701-8,
seeking compensation forthe damage committed to its property; and
WHEREAS, in order to settle the lawsuit; Yeriel LLC has offered to
reimburse the City for the cost to re-landscape the property, to allow the City to
use the upper half of its business sign, and to purchase the property beneath the
sign from the City; and
WHEREAS, to complete the settlement and for both parties to have use of
the sign, it is necessary to transfer the property underneath the sign to Yeriel
LLC since the sign is within the right-of-way and Autiurn City Code does not
permit signs within the right-of way; and
WHEREAS, Yeriel LLC has offered to pay $800 for the property; and
Resolution No. 4783
December'16,2011
Page 1 of 2
�WHEREAS, the value of the property is oVerone hundred dollars, but it is
no longer necessary for the opereting needs of ttie City�and should be surplused.
, � NOW, THEREFORE; THE CITY COUNCIL.OF THE CITY OF.AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Direction. That the property identified below is declared to be
surpius, and the Mayor is authorized to convey such property to Yeriel LLC as
part of a settlement of Aubum v. Yeriel, 09-2-06701-8, the terms of which shall .
include payment to the City of $3,000.00 ($2;200:00 in damages and $800 in
. land value), painting and maintaining the sign and allowing the city of Aubum to
use the top half of the sign.
Section 2. Implementation. The Mayor. is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation, including negotiating and executing a settlement
agreement in conformity herewith.
Section 3. Effective date. This Resolution shall take effect and be in full
force and effect upon passage and signature hereon.
DATED and SIGNED this 19th day De er; .
��
P TER B. LEWIS, MAYOR
ATTEST:
�C��u
Danielle E. Daskam, City Clerk
APP VED AS TO FORM:
Daniel B. ' , City Att mey
Resolution No. 4783 �
December 16, 2011
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