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HomeMy WebLinkAbout5451ORDINANCE NO.5 4 51 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 IN PROPERTY LOCATED IN THE VICINITY OF THE UNION PACIFIC RAILROAD GRADE CROSSING AT SOUTH 277TH STREET, KENT, WA, TAX PARCEL NUMBERS 000680-0011 AND 000220- 0005 THAT 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. 5451 November 20, 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 277n' 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 277`" Street - Reconstruction Project (PR 562). The City Council finds that the following properties and/or property rights should be acquired and/or damaged or used for Reconstruction Project (PR 562): An aerial easement affecting Tax Parcels 000680-0011 and 000220- 0005, which is legally described at Exhibit J hereto. Ordinance No. 5451 November 20, 2000 Page 2 Permanent easements affecting Tax Parcels 000680-0011 and 000220- 0005, which are legally described at Exhibits K, L, M, N, P, and S hereto. A temporary construction easement affecting Tax Parcel 000680-0011, which is legally described at Exhibit R hereto. Each of the above referenced easements is graphically depicted on Exhibits T and U hereto. Each Exhibit is 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. 5451 November 20, 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, from Transportation Improvement Board, and from City of Auburn funds. In addition, the City is authorized to convey by quitclaim deed the at -grade crossing easement of approximately 4,230 square feet, which is owned by the City, to the Condemnee(s), as an offset/credit against the compensation to be paid, and the Mayor is hereby authorized to execute a quit claim deed therefor. 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 Ordinance No. 5451 November 20, 2000 Page 4 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. INTRODUCED: November 20, 2000 PASSED: November 20, 2000 APPROVED: November 20, 2000 0. 6Go CHARLES A. BOOTH MAYOR ATTEST: % Da "elle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney / PUBLISHED: 111,84/ 0y Ordinance No. 5451 November 20, 2000 Page 5 EXHIBIT J UPRR AERIAL EASEMENT "J" PARCELS 8 & 23 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277", ST. STATION 36+03.49,36.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT S. 277", ST. STATION 37+33.48,36.50 FEET LEFT; THENCE SOUTHERLY, WESTERLY, AND SOUTHERLY, ALONG SAID EASTERLY LINE TO S. 277", ST. STATION 37+02.53,46.00 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 27771 ST. STATION 36+03.02,46.00 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. THE BOTTOM PLANE OF THE VERTICAL SPACE CONTAINED WITHIN SAID EASEMENT SHALL BE AT ELEVATION 35.00 FEET, AND THE TOP PLANE SHALL BE AT ELEVATION 85.00 FEET. THESE ELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929, USING AS A BENCH MARK THE BRASS SURFACE MONUMENT AT S. 277", ST. AND D STREET NW, SAID BRASS SURFACE MONUMENT HAVING AN ELEVATION OF 46.20 FEET. 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 No. 5451 Exhibit J EXHIBIT K UPRR EASEMENT "K" PARCELS 8 & 23 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277' ST. STATION 36+03.60,56.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT S. 277"' ST. STATION 37+33.60, 56.50 FEET LEFT; THENCE SOUTHERLY, WESTERLY, AND SOUTHERLY, ALONG SAID EASTERLY LINE TO S. 277TH ST. STATION 37+02.95, 60.50 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TM ST. STATION 36+02.94,60.50 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. 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 No. 5451 Exhibit K EXHIBIT L UPRR EASEMENT "L" PARCELS 8 & 23 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 36+03.42,25.38 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 36+24.42,25.37 FEET LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 36+24.09,34.88 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY AT S. 277TM ST. STATION 36+03.09, 34.87 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF _BEGINNING. 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 No. 5451 Exhibit L UPRR EASEMENT "M" PARCELS EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING A PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 37+33.48, 35.00 FEET LEFT; THENCE WESTERLY TO S. 277TH ST. STATION 37+21.38, 35.00 FEET LEFT; THENCE SOUTHERLY TO SAID RIGHT OF WAY LINE AT S. 2777H ST. STATION 37+21.38,14.85 FEET LEFT; THENCE EASTERLY, AND NORTHERLY ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. 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 No. 5451 Exhibit M EXHIBIT N UPRR EASEMENT "N" PARCEL 23 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING A PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID RIGHT OF WAY, AT S. 277' ST. STATION 37+02.80,86.-52 FEET RIGHT; THENCE SOUTHWESTERLY TO S. 277TH ST. STATION 36+93.56,101.62 FEET RIGHT; THENCE NORTHWESTERLY TO S. 277TH ST. STATION 36+80.77,93.79 FEET RIGHT; THENCE NORTHEASTERLY TO SAID RIGHT OF WAY LINE AT S. 277TH ST. STATION 37+02.16,57.52 FEET RIGHT; THENCE SOUTHERLY ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. 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 NO. 5451 Exhibit N EXHIBIT P UPRR EASEMENT "P" PARCELS EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING A PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 37+33.55, 46.90 FEET LEFT; THENCE WESTERLY TO S. 277TH ST. STATION 37+12.50,47.36 FEET LEFT; THENCE SOUTHERLY TO SAID RIGHT OF WAY LINE AT S. 277TH ST. STATION 37+12.50,14.86 FEET LEFT; THENCE EASTERLY ALONG SAID RIGHT OF WAY LINE TO S. 277TH ST. STATION 37+21.38,14.85 FEET LEFT; THENCE NORTHERLY TO S. 277TH ST. STATION 37+21.38, 35.00 FEET LEFT; THENCE EASTERLY TO SAID RIGHT OF WAY LINE AT S. 277TH ST. STATION 37+33.48,35.00 FEET LEFT; THENCE NORTHERLY ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. 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 NO. 5451 Exhibit P EXHIBIT R UPRR TEMPORARY CONSTRUCTION EASEMENT "R" PARCELS EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING A PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT S. 277TH ST. STATION 36+14.49, 56.50 FEET LEFT; THENCE NORTHERLY TO S. 277TH ST. STATION 36+17.01, 90.01 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 36+42.83,90.55 FEET LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 36+42.80, 56.50 FEET LEFT; THENCE WESTERLY TO THE POINT OF BEGINNING. 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 5451 Exhibit R EXHIBIT 3 UPRR EASEMENT "S" PARCEL23 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE UNION PACIFIC RAILROAD RIGHT OF WAY (FORMERLY THE CHICAGO- MILWAUKEE-ST.PAUL RIGHT OF WAY), SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 36+03.09,34.87 FEET RIGHT; THENCE SOUTHEASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT S. 277TH ST. STATION 37+03.51,139.02 FEET RIGHT; THENCE SOUTHERLY, ALONG SAID EASTERLY LINE TO S. 277TH ST. STATION 37+02.30,175.93 FEET RIGHT; THENCE WESTERLY RIGHT; TO S. 277TH ST. STATION 37+00.33,175.90 FEET RIGHT; THENCE NORTHERLY TO S. 277TH ST. STATION 37+00.50,164.67 FEET RIGHT; THENCE NORTHWESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277' ST. STATION 36+02.92, 63.88 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. 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 5451 Exhibit S Y40p E h�4i >i M C I _Y__ KE T M . Mmm.... KINIC �pp�INC Rt kl �� 115 _ C!N tl a a�— e FlRE ACCESS (BUILT W OT ERS) O W 0 a e