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HomeMy WebLinkAbout5452ORDINANCE NO.5 4 5 2 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 NORTHEASTERLY CORNER OF FRONTAGE ROAD AND LOCATED AT 44TH STREET NORTHWEST, AUBURN, WA 98001, TAX PARCEL NUMBER 936000-0005 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. WHEREAS, the policies and procedures in regard to negotiations for acquisition and/or damage or use of property rights and/or relocation for property owners related to City project PR 562 is governed by federal and state legislation and are strictly adhered to; and Ordinance No. 5452 November 2, 2000 Page 1 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: 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. Each of the above referenced exhibits is attached hereto and incorporated herein by this reference as if fully set forth. Ordinance No. 5452 November 2, 2000 Page 2 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 277" 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. 5452 November 2, 2000 Page 3 action 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 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. 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. 5452 November 2, 2000 Page 4 INTRODUCED: November 6, 2000 PASSED: November 6, 2000 APPROVED: November 6, 2000 ska� ra- aV-4 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: J�ze& Michael J. Reynolds, City Attorney PUBLISHED: _/l- fd'dd Ordinance No. 5452 November 2, 2000 Page 5 EXHIBIT A PARCEL 92 TOTAL PARCEL: Situated in the County of King, State of Washington, and described as follows: Tract 1, White River Valley Homes Sites, according to the Plat thereof recorded in Volume 13 of plats, page 17, in King County, Washington; EXCEPT that portion thereof lying went of a line beginning at a point on the south line of said Tract 1, distance south 89005' east 159.43 feet from the southwest corner of said tract; thence north parallel with the west line of said tract to the north line thereof. Ordinance 5452 Exhibit A EXHIBIT B PARCEL 92 FEE ACQUISITION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, 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 ABOVE DESCRIBED TOTAL PARCEL, LYING WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE WESTERLY LINE OF THE ABOVE DESCRIBED TOTAL PARCEL, AT S. 277' ST. STATION 24+37.00,2529.91 FEET RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 178.00 FEET TO S. 277' ST. STATION 25+98.98,2632.27 FEET RIGHT; THENCE EASTERLY TO S. 27711, ST. STATION 27+48.94, 2631.57 FEET RIGHT; THENCE SOUTHERLY TO S. 277'" ST. STATION 27+48.98, 2641.95 FEET RIGHT AT THE SOUTHERLY LINE OF THE ABOVE DESCRIBED TOTAL PARCEL, AND THE TERMINUS OF THIS DESCRIBED LINE. CONTAINS 0.18 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 5452 Exhibit Qf