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HomeMy WebLinkAbout5453ORDINANCE NO. 5 4 5 3 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 OF PROPERTY LOCATED AT 7728 SOUTH 277h STREET, KENT, WA 98032, TAX PARCEL NUMBERS 000680-0029 AND 000680-0032 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 property owners related to City project PR 562 is governed by federal and state legislation and are strictly adhered to; and Ordinance No. 5453 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 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 in Exhibit A. This exhibit is attached hereto and incorporated herein by this reference as if fully set forth. Ordinance No. 5453 November 2, 2000 Page 2 &action 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 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. 5453 November 2, 2000 Page 3 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. 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. 5453 November 2, 2000 Page 4 INTRODUCED: November 6, 2000 PASSED: November 6, 2000 APPROVED: November 6, 2000 CHARLES A. BOOTF- T MAYOR ATTEST: Aa'�t�' I LJ4�-� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: .0o —W—i4— Michael J. Reynolds, City Attorney PUBLISHED: 11-14-6-0 Ordinance No. 5453 November 2, 2000 Page 5 EXHIBIT A That portion of the John M. Thomas Donation Land Claim Number 42, in Section 36, Township 22 North, Range 4 East, W.M., in King County, Washington, described as follows: PARCEL A Beginning at the intersection of the northerly margin of South 277th Street as conveyed to King County by instrument recorded under Recording Number 4714891, records of King County, with the southwesterly margin of 78th Avenue South (County Road Number 76) as now located; thence westerly along said northerly margin of South 277th Street, a distance of 300 feet; thence at right angles northerly a distance of 200 feet; thence easterly parallel to the northerly margin of said South 277th Street to an intersection with the southwesterly margin of 78th Avenue South; thence southerly along said margin to the point of beginning; EXCEPT the easterly 100 feet thereof as measured at right angles to the southwesterly margin of 78th Avenue South (County Road Number 76) and parallel thereto. PARCEL B: The easterly Soo feet as measured at right angles to the southwesterly margin of 78th Avenue South (County Road Number. 76) and parallel thereto, of the above described Parcel A. Ordinance 5453 Exhibit A