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HomeMy WebLinkAbout5445ORDINANCE NO. 5 4 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY AND/OR PROPERTY RIGHTS, ACQUISITION OF ANY NECESSARY EASEMENTS AND/OR EASEMENT RIGHTS AND/OR TEMPORARY CONSTRUCTION EASEMENTS 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/OR PROPERTY RIGHTS OF PROPERTY LOCATED AT 8014 SOUTH 277'' STREET, KENT, WA 98032, TAX PARCEL NUMBER 000040-0001 WHICH ARE NECESSARY FOR CITY PROJECT PR 562. 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 project PR 562; and WHEREAS, it is necessary to complete the purchase of property and property rights and/or to determine just compensation for property or property rights to be damaged or used for purposes related to City project PR 562; and WHEREAS, the policies and procedures in regard to negotiations for acquisition and/or damage or use of property rights and/or relocation for Ordinance No. 5445 November 2, 2000 Page 1 property owners related to City project PR 562 is governed by federal and state legislation and are strictly adhered to; and WHEREAS, should negotiations fail to result in reaching an agreement, the City Attorney, or counsel selected by the City Attorney, is authorized to prepare petitions for condemnation to be filed in the King County Superior Court for the acquisition of property and property rights and/or determinations of just compensation for property or property rights to be damaged or used as it becomes necessary for the construction of South 277"' Street - Reconstruction Project (PR 562). 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 and determination of just compensation for damage or use of property is necessary and for a public purpose and use, the South 277"' Street Reconstruction Project (PR 562). The property and/or property rights to be acquired and/or damaged or used are legally described as follows: The legal description of the affected parcel is contained in Exhibit A hereto. The legal description of that portion of the affected parcel that is to be taken and/or damaged for a temporary construction easement is contained in Exhibit B. Ordinance No. 5445 November 2, 2000 Page 2 Each of the above referenced exhibits is attached hereto and incorporated herein by this reference 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 result in reaching agreement, against the owner(s) and all other parties in interest in the hereinabove described lands and improvements, if any, property rights, and/or determination of just compensation for damage or use of property related to the South 277th Street Reconstruction Project (PR 562) 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 above described 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 and/or for damage or use of the above described property by the City of Auburn. Ordinance No. 5445 November 2, 2000 Page 3 ection 4. Compensation for the acquisition of said property and property rights shall be from a combination of Federal, State, Port of Seattle, and Port of Tacoma Funding Agency Agreements and from City of Auburn funds. Section 5. Constitutionality or Invalidity. If any section, subsection clause or phrase 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 any one or more section, subsection, sentence, clause or phrase 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. 5445 November 2, 2000 Page 4 INTRODUCED: November 6, 2000 PASSED: November 6, 2000 APPROVED: November 6, 2000 CHARLES A. BOOTH MAYOR ATTEST: Daffielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: 11-&Q-616 Ordinance No. 5445 November 2, 2000 Pape 5 EXHIBIT A PARCEL 17 TOTAL PARCEL: situated in the County of King, State of Washington, and described as follows: All of Robert H. Beatty Donation Claim No. 37 being a portion of Sections 25, 30, 31 and 36, Township 22 North, Ranges 4 and SEast, W.M., in King County Washington; EXCEPT the south 49.5 feet thereof; AND EXCEPT that portion conveyed to State of Washington for highway purposes by Deed recorded September 21, 1964 under Recording Number 5788897; EXCEPT that portion conveyed to King County by Recording Number 8806090822; EXCEPT that portion conveyed to the City of Kent for road by Deed recorded under Recording Number 9706090895. Ordinance 5445 Exhibit A EXHIBIT B PARCEL 17 TEMPORARY CONSTRUCTION EASEMENT AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE "TOTAL PARCEL", LYING WESTERLY OF 83RD AVE SO., AND SOUTHWESTERLY, SOUTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WESTERLY BOUNDARY LINE OF THE "TOTAL PARCEL", AT S. 277", ST. STATION 58+55.68,159.53 FEET LEFT; THENCE SOUTHEASTERLY TO S. 277TH ST. STATION 58+72.25, 63.00 FEET LEFT; THENCE EASTERLY TO S. 277'" ST. STATION 58+89.79, 63.00 FEET LEFT; THENCE NORTHEASTERLY TO 83RD AVE SO, STATION 11+37.59, 79.80 FEET LEFT; THENCE NORTHWESTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 2944.80 FEET, TO 83RD AVE SO. STATION 13+23.67, 79.80 FEET LEFT; THENCE NORTHERLY TO 83RD AVE SO. STATION 14+25.87,54.84 FEET LEFT, AT THE WESTERLY RIGHT-OF-WAY LINE OF 83RD AVE SO., AND THE TERMINUS OF THIS DESCRIBED LINE. THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SURVEY BY W&H PACIFIC, FOR THE CITY OF AUBURN, RECORDED IN BOOK 130 OF SURVEYS, AT PAGES 236 THROUGH 236C INCLUSIVE, UNDER RECORDING' NUMBER 19990708900014, KING COUNTY RECORDS. Ordinance 5445 Exhibit B