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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
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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
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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