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HomeMy WebLinkAbout5446ORDINANCE NO. 5 4 4 6 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, INCLUDING SLOPE 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 000680-0002 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 PR562; 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. 5446 November 2, 2000 Page I 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 277th 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 277th 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. Ordinance No. 5446 November 2, 2000 Page 2 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 L•3 The legal description of that portion of the affected parcel that is to be taken and/or damaged for a slope easement is contained in Exhibit C. 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 any 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 Ordinance No. 5446 November 2, 2000 Page 3 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. Section 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 phase be declared invalid or unconstitutional. Ordinance No. 5446 November 2, 2000 Page 4 Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to cant' 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. INTRODUCED November 6, 2000 PASSED: November 6, 2000 APPROVED: November 6. 2000 A - &r'—d CHARLES A. BO TH MAYOR ATTEST: G� zk Dan Ile E. Daskam, City Clerk A OVED AS TO FORM: "U(jk � Michael J. Reynolds, City Attorney PUBLISHED: %I" /D —OD Ordinance No. 5446 November 2, 2000 Page 5 EXHIBIT A PARCEL 16 TOTAL PARCEL: Situated in the County of King, State of Washington, and described as follows: That portion of the John M. Thomas Donation Claim Number 42 in Section 36, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: The north 841.5 feet of the south 891 feet, lying east of the Northern Pacific Railroad right-of-way; EXCEPT the east 60 feet of the west 120 feet of the south 120 feet; AND EXCEPT portions conveyed to the State of Washington for State Road Number 5 by deeds recorded under Recording Numbers 2740010, 2789237, 2789238, 5788897 and 8806090820; AND,EXCEPT that portion conveyed to King County for South 277th Street by deeds recorded under Recording Numbers 1675291 and 5796417. Ordinance 5446 Exhibit A EXHIBIT B PARCEL 16 j TEMPORARY CONSTR&M' ON EASEMENT AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE "TOTAL PARCEL", LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WESTERLY LINE OF THE '"TOTAL PARCEL", AT S. 277TH ST. STATION 51+97.40,68.13 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 52+66.34,67.88 FEET LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 52+66.33, 64.88 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 57+97.26,62.12 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION 58+17.17,179.92 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 58+51.71,180.02 FEET LEFT; THENCE SOUTHEASTERLY TO THE EASTERLY LINE OF THE "TOTAL PARCEL, AT S. 277TH ST. STATION 58+55.68,159.53 FEET LEFT, 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 5446 Exhibit B EXHIBIT C PARCEL 16 SLOPE EASEMENT AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, FOR THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE PROPERTY AND ON EACH SIDE OF THE BELOW -DESCRIBED LINE, IN CONFORMITY WITH STANDARD PLANS AND SPECIFICATIONS FOR ROAD PURPOSES, BEING THAT PORTION OF THE "TOTAL PARCEL" LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WESTERLY LINE OF THE '"TOTAL PARCEL", AT S. 277"{ ST. STATION 51+97.40,68.13 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 52+66.34,67.88 FEET LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 52+6633, 64.88 FEET LEFT; THENCE EASTERLY TO S. 277'" ST. STATION 57+97.26,62.12 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION 58+17.17,179.92 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 58+51.71,180.02 FEET LEFT; THENCE SOUTHEASTERLY TO THE EASTERLY LINE OF THE "TOTAL PARCEL, AT S. 277TH ST. STATION 58+55.68,159.53 FEET LEFT, 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 5446 Exhibit C