HomeMy WebLinkAbout5450ORDINANCE NO. 5 4 5 0
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 PROPERTY RIGHTS OF PROPERTY LOCATED AT 5002 "D" STREET
NW, AUBURN, WA 98001-2415, TAX PARCEL NUMBER 664960-0010
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, for the public benefit, 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; a public road construction project, and
Ordinance 5450
November 15, 2000
Page I
WHEREAS, the policies and procedures in regard to negotiations, for
acquisition and/or damage of property rights, and/or relocation for utility
easements for these properties 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/or determination of just compensation for
damage or use of property is necessary and for a public purpose and use, i.e.
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:
Ordinance 5450
November 15, 2000
Page 2
The legal description of the affected parcel is attached as Exhibit A
hereto. The legal description of that portion of the affected parcel that is to be
taken is attached as Exhibit B. 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 C. The legal description of that
portion of the affected parcel that is to be taken or damaged for a perpetual
non-exclusive easement is contained in Exhibit D.
Each of the above referenced exhibits are 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 herein above described lands
and improvements, if any, property rights and/or determination of just
compensation for damage or use of property related to the South 277`h Street
Reconstruction Project (PR 562) as provided by law; to prepare the necessary
Ordinance 5450
November 15, 2000
Page 3
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.
Section 4. Compensation for the acquisition of said property and
property rights shall be from a combination of Federal, State, Port of Seattle,
Transportation Improvement Board and Port of Tacoma Funding Agency
Agreements and from the 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 5450
November 15, 2000
Page 4
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.
INTRODUCED: November 20, 2000
PASSED: November 20, 2000
APPROVED: November 20, 2000
CHARLES A.
BOOTH
MAYOR
Ordinance 5450
November 15, 2000
Page 5
ATTEST:
ZXAa44J
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
-.' 4a4'( -'k
Michael J. Reynolds,
City Attorney
PUBLISHED: 11 410 D
Ordinance 5450
November 15, 2000
Page 6
EXHIBIT A
PARCEL 27
TOTAL PARCEL:
Situated in the County of King, State of Washington, and described as
follows:
Lots 1 and 2 of Park 277, according to the plat thereof recorded in
Volume 169 of Plats, pages 56 through 61, inclusive, in King county,
Washington;
EXCEPT that portion lying north and west of the following describe
land:
Beginning at the northwest corner of said Lot 1 said corner being on
an arc At a curve the radius point Of which bears north 73°28'43„.
east;
thence southeasterly along the west line of said Lot 1 along the arc
of a curve concave to the northeast having a radius of 270.00 feet,
through a central angle of 08002148" and an arc length of 37.92 feet
to the TRUE POINT OF BEGINNING of herein described line;
thence north 65"25'55" east, 24.56 feet;
thence south 89004105" east, 133.53 feet;
thence north 00G55'55,, east, 290.33 feet to the north line of said
Lot 2 and the terminus of herein described line;
(ALSO KNOWN AS Lot 1 of City of Auburn Lot Line Adjustment No.
LLA -0015-95 as recorded in Recording Number 9509211326).
Ordinance 5450
EXHIBIT A
EXHIBIT B
PARCEL 27
FEE ACQUISITION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON, BEING THOSE PORTIONS OF THE "TOTAL PARCEL", LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE "TOTAL PARCEL", AT S. 277TH ST.
STATION 47+38.-41',51.00 FEET RIGHT; THENCE EASTERLY TO S. 277M ST. STATION 50+97.67.51.00
FEET RIGHT, AT A POINT ON THE EASTERLY LINE OF SAID TOTAL PARCEL, AND THE
TERMINUS OF THIS DESCRIBED LINE.
CONTAINS 0.08 ACRES MORE OR LESS
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 5450
EXHIBIT B
EXHIBIT C
PARCEL 27
TEMPORARY CONSTRUCTION EASEMENT
AN EASEMENT IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, BEING
THAT PORTION OF THE "TOTAL PARCEL", LYING NORTHERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE ABOVE DESCRIBED TOTAL PARCEL,
AT S. 277' ST. STATION 47+38.78, 78.00 FEET RIGHT; THENCE EASTERLY TO S. 277TH ST.
STATION; 50+973, 78.00 FEET RIGHT, AT THE EASTERLY BOUNDARY OF THE ABOVE
DESCRIVED TOTAL PARCEL, 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 5450
EXHIBIT C
EXHIBIT D
PARCEL 27
PERMANENT EASEMENTS
FEE ACQUISITION:
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE
OF WASHINGTON, BEING THOSE PORTIONS OF THE "TOTAL PARCEL', LYING NORTHERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE "TOTAL PARCEL', AT S. 277TH ST.
STATION 47+38.91, 51.00 FEET RIGHT; THENCE EASTERLY TO S. 277TH ST. STATION 50+97.67, 51.00
FEET RIGHT, ATP. POINT ON THE EASTERLY LINE OF SAID TOTAL PARCEL, AND THE TERMINUS
OF THIS DESCRIBED LINE.
PERMANENT EASEMENT:
AN EASEMENT IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, BEING THAT
PORTION OF THE "TOTAL PARCEL", LYING SOUTHERLY OF THE ABOVE DESCRIBED FEE
ACQUISITION PARCEL, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THE "TOTAL PARCEL", AT S. 277TH ST.
STATION 47+38.64,68.00 FEET RIGHT, THENCE EASTERLY TO S. 277TH ST. STATION 47+46.68, 68.00
FEET RIGHT; THENCE SOUTHERLY TO S. 277TH ST. STATION 47+46.68, 71.39 FEET RIGHT; THENCE
EASTERLY TO S. 277TH ST. STATION 47+61.68, 71.39 FEET RIGHT; THENCE NORTHERLY TO S. 277TH
ST. STATION 47+61.68, 68.00 FEET RIGHT, THENCE EASTERLY TO S. 277TH ST. STATION 50+97,71, 68.00
FEET RIGHT, AT THE EASTERLY BOUNDARY LINE OF THE "TOTAL PARCEL" 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 5450
EXHIBIT D