HomeMy WebLinkAbout5428ORDINANCE NO. 5428
AN ORDINANCE OF THE CITY COUNCIL 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 DESIGNATED AS 8111 SOUTH 277TH STREET, TAX PARCEL
NUMBER 429720-0005
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and
WHEREAS, the City Council passed Ordinance 5196 authorizing the
Mayor and City Clerk to execute documents necessary to complete the
purchase of property, and relocation of inhabitants related to City projects
PR529 and PR562; and
WHEREAS, the policies and procedures in regard to negotiation,
purchase, and relocation for these properties is governed by federal legislation
and are strictly adhered to; and
WHEREAS, should negotiations fail to reach agreement, the City
Attorney is authorized to prepare petitions for condemnation to be filed in the
King County Superior Court for the acquisition of parcels as it becomes
necessary for the construction of South 277tt' Street - Reconstruction Project
(PR 562).
Ordinance No. 5428
August 3, 2000
Page 1
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The City Council finds the acquisition of certain
property and property rights is necessary and for a public purpose and use, i.e.
South 277th Street - Reconstruction Project (PR 562). The property to be
acquired is legally described and shown in Exhibit "A", attached hereto and
incorporated herein as if fully set forth.
Section 2. Authority. The City of Auburn is authorized by laws and
statutes of the State of Washington to appropriate lands and property rights
through the exercise of its rights of eminent domain within and without its
corporate limits necessary for the above -stated purpose.
Section 3. The City Attorney, or counsel selected by the City Attorney,
is hereby authorized and directed as follows: To commence condemnation
proceedings, when negotiations fail to meet agreement, against the owner and
all other parties in interest in the hereinabove ' described 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; to obtain immediate possession and use and
to acquire the aforedescribed property and property rights for the City of
Ordinance No. 5428
August 3, 2000
Page 2
Auburn. Such proceedings shall be to determine the just compensation for the
appropriation of such property and property rights by the City of Auburn.
Section 4. Compensation for the acquisition of said property and
property rights shall be from a combination of Federal, Port of Seattle, and Port
of Tacoma Funding Agency Agreements.
Section 5. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed
adopted and approved and ratified irrespective of the fact that nay one or more
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 7. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication as
provided by law.
Ordinance No. 5428
August 3, 2000
Page 3
INTRODUCED: August 21, 2000
PASSED: August 21, 2000
APPROVED: August 21, 2000
e"XQI� I y • 6 4
CHARLES A. BOOTH
MAYOR
ATTEST:
Dan Ile E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: 1912� Da
Ordinance No. 5428
August 3, 2000
Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 13 and 14, Block 1, Townsite of Lewisville, according to the plat thereof
recorded in Volume 8 of Plats, page 72, in King County, Washington;
Together With vacated North Avenue adjoining said lots on the north;
Together With vacated west half of alley adjoining said lots on the east and
vacated east half of A Street (now 82nd Avenue South) adjoining said lots on the
west.
Ordinance 5428
Exhibit "A"
August 3, 2000
Page 1
S. 277TH ST
viu�.aaaaaVC JYGV
50. PARCEL # 429720-0005 Exhibit "A"
BUILDING
SCALE: I" = 100' PAVEMENT _
PARCEL LINE Pbtled AUC UST 2000 I