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HomeMy WebLinkAbout4804 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 9.6 ORDINANCE NO. 4 8 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY AND PROPERTY RIGHTS BY EMINENT DOMAIN PROVIDING FOR THE PAYMENT THEREOF; AUTHORIZING THE CITY ATTORNEY TO PREPARE A PETITION FOR CONDEMNATION IN THE SUPERIOR COURT IN AND FOR THE COUNTY OF KING AND FOR THE PROSECUTION THEREOF FOR THE ACQUISITION OF SUCH PROPERTY AND PROPERTY RIGHTS FOR PUBLIC ROADWAY AND UTILITY PURPOSES (RIGHT-OF-WAY AT THE INTERSECTION OF 37TH STREET N.W. AND "B" STREET N.W., LEGALLY DESCRIBED AND ATTACHED HERETO AS EXHIBITS "A" AND "B", PROJECT IMPROVEMENT NO. 573B). THE CITY COUNCIL OF ORDAIN AS FOLLOWS: SECTION 1. PURPOSE. THE CITY OF AUBURN, WASHINGTON, DO The City Council finds acquisition of certain property and property rights is necessary and for a public purpose and use, i.e. public roadway and utility purposes. The properties to be acquired are described in Exhibits "A" and "B" which are attached hereto and incorporated herein as if fully set forth. SECTION 2. AUTHORI?Y. The City of Auburn is authorized by laws and statutes of the State of Washington to appropriate lands and property rights of eminent domain within the above-stated purpose. through the exercise of its rights its corporate limits necessary for SECTION 3. The City Attorney, or counsel selected by the City Attorney, is hereby authorized and directed as follows: to commence condemnation proceedings against the owners and all other parties in interest in the hereinabove described Ordinance No. 4804 November 17, 1995 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 lands and improvements, if any, as provided by law; to prepare the necessary petition for condemnation; to commence and prosecute such action in the Superior Court in and for the County of King against all the owners and interested parties in the hereinabove described property; and to acquire the aforedescribed property and property rights for the City of Auburn. Such proceedings shall be to determine the just compensation for the appropriation of such ]property and property rights by the City of Auburn. SEC?ION 4. Compensation for the acquisition of said property and property rights shall be from the City of Auburn's State Grant "Z" Funds. SECTION 5. Nothing in this Ordinance shall be construed as a waiver by the City of Auburn of its right to decline and take and pay for said property and property rights after the amount of just compensation has been ascertained, and within the time allowed by law. SECTION 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 4804 November 17, 1995 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 7. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. PASSED: APPROVED: MAYOR ATTEST: o in Wohlh~eter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 4804 November 17, 1995 Page 3 LEGAL DESCRIPTION 37th Street N.W. and 'S' Street Tax Lot No. 012104-9045-08 Type: Right-Of-Way Acquisition That port]on of Tract 'X" of City of Auburn Short Plat No. 17-80, ss recorded under Recording No. 8012160620, being e subdivision of the Northeast quarter of Section 1, Township '.21 North, Range 4 East, W.M., In King County, Washington described es follows.: BEGINNING at the Northwest corner of 8aid Tract "X"; THENCE South O0° 22' 42" East along the West line of said Tract 'X", a distance of 179.94 feet to the Southwest corner of said Tract 'X'; THENCE South 87° 36' 41 ' East along the South line of said Tract "X', a distance of 15.02 feet to a line 15 feet Easterly of, as measured perpendicular to, said West line of Tract 'X'; THENCE North O0° 22' 42' West along said parallel line, s distance of 148.46 feet to s tangent curve concave to the east having a radius of 30.00 feet; THENCE Northerly along said curve through a central angle of 33° 33' 26", an arc distance of 17.57 feet to the Easterly line of said Tract 'X'; THENCE North O0· 22' 42' West along said Easterly line, a distance of 14.66 feet 'to the North line of said Tract 'X"; THENCE North 87= 36' 41' West along said Northerly line, a distance of 20.02 feet 'to the POINT OF BEGINNING. Ordinance No. 4804 Exhibit "A" 3rdinance No. 4804 Exhibit A-1 LEGAL DESCRIPTION 37th Street N.W, and 'B' Street Tax Lot No. 012104-9044-09 Type: Right-Of-Way Acquisition That portion of Lot I of City of Auburn Short Plat No. 17-80, as recorded under Recording No. 8012160620, described as follows: BEGINNING at the Northwest corner of said Lot 1; THENCE South 87° 36' 41" East along the North line of said Lot 1, a distance of 26.48 feet to a non- tangent curve concave to the South whose radius point bears South 02° 23' 19' West and is 30.00 feet distant; THENCE Southwesterly along said curve through a central angle of 59° 12' 35", an arc distance of 31.00 feet to the West line of said Lot 1; THENCE North 00° 22' 42" West along said West line, a distance of 14.66 feet to the POINT OF BEGINNING. Ordinance No. 4804 Exhibit "B" BURl IN~TC)N N(")RTHF~ki Ordinance No. 4804 Exhibit B-1