HomeMy WebLinkAbout5461ORDINANCE NO. 6 4 6 1
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 OR AROUND PUGET
SOUND ENERGY'S 100 FOOT UTILITY CORRIDOR, WHICH CROSSES
SOUTH 277TH STREET, TAX PARCEL NUMBERS 000680-0010 AND 000
220-0004, 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. 5461
November 20, 2000
Page 1
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 277"' 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 000680-0010 and 000220-
0004, which is legally described at Exhibit A hereto.
Ordinance No. 5481
November 20, 2000
Page 2
Permanent easements affecting Tax Parcels 000680-0010 and 000220-
0004, which are legally described at Exhibits B, C, D, and E hereto.
Each of the above referenced Exhibits 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
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
Ordinance No. 5481
November 20, 2000
Page 3
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.
Further, the City Attorney is directed to order Puget Sound Energy, Inc.,
to relocate all wires, underground cables, and other electrical equipment for
transmission, distribution, and sale of electricity, which are currently within the
proposed South 277"' Street right of way, and were placed there pursuant to
franchise agreement adopted by City Ordinance No. 3121; and to modify its
facilities to ensure proper clearances are maintained between its facilities and
PR 562 improvements.
Further, the City Attorney is directed to order Puget Sound Energy, Inc.,
to relocate all pipes, conduits, and mains for supplying gas, which are currently
within the proposed South 277"' Street right of way, and were placed there
pursuant to franchise agreement adopted by City Ordinance No. 3536.
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.
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
Ordinance No. 5461
November 20, 2000
Page 4
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.
Section6. 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 20, 2000
PASSED: November 20, 2000
APPROVED: November 20, 2000
CHARLES A. BOOTH
MAYOR
Ordinance No. 5461
November 20, 2000
Page 5
ATTEST:
—
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: 114 Y /JD
Ordinance No. 5461
November 20, 2000
Page 6
EXHIBIT A
PSE AERIAL EASEMENT "A"
PARCELS 7 & 22
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 100 FOOT WIDE PUGET SOUND ENERGY RIGHT OF WAY KNOWN AS THE
PUGET SOUND ELECTRIC RAILWAY 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 35+03.49, 36.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT
OF WAY AT S. 277TH ST. STATION 36+03.49,36.50 FEET LEFT; THENCE SOUTHERLY ALONG SAID
EASTERLY LINE TO S. 277TH ST. STATION 36+03.02,46.00 FEET RIGHT; THENCE WESTERLY TO
THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 35+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. 277TH 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. 5461
Exhibit A
PSE EASEMENT "B"
PARCELS 7 & 22
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 100 FOOT WIDE PUGET SOUND ENERGY RIGHT OF WAY KNOWN AS THE
PUGET SOUND ELECTRIC RAILWAY 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 35+03.60,56.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT
OF WAY AT S. 277TH ST. STATION 36+03.60, 56.50 FEET LEFT; THENCE SOUTHERLY ALONG SAID
EASTERLY LINE TO S. 277TH ST. STATION 36+02.94, 60.50 FEET RIGHT; THENCE WESTERLY TO
THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 35+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. 5461
Exhibit B
EXHIBIT C
PSE EASEMENT "C"
PARCEL 7
EASEMENT DESCRIPTION
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF
SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, BEING THAT
WILLAMETTE MERIDIAN, AND BE
PORTION OF THE 100 FOOT WIDE PUGET SOUND ENERGY RIGHT OF WAY KNOWN BE THE
FOLLOWS:
PUGET SOUND ELECTRIC RAILWAY RIGHT OF WAY, SAID EASEMENT BEING DESCRIBED AS
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 2777H ST.
STATION 35+03.54, 46.90 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION
35+33.80,50.34 FEET LEFT; THENCE SOUTHEASTERLY TO S. 277' ST. STATION 35+36.06, 30.47
FEET LEFT; THENCE SOUTHWESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S.
277' ST. STATION 35+03.43, 26.76 FEET LEFT; 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. 5461
Exhibit C
EXHIBIT D
PSE EASEMENT "D"
PARCEL 22
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 100 FOOT WIDE PUGET SOUND ENERGY RIGHT OF WAY KNOWN AS THE
PUGET SOUND ELECTRIC RAILWAY 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 35+02.93, 63.44 FEET RIGHT; THENCE EASTERLY TO S. 277TH ST. STATION 35+49.56, 63.44
FEET RIGHT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION 35+76.10,36.16 FEET RIGHT;
THENCE SOUTHEASTERLY TO S. 277TH ST. STATION 35+86.53,46.94 FEET RIGHT; THENCE
SOUTHWESTERLY TO S. 277TH ST. STATION 35+55.90,78.44 FEET RIGHT; THENCE WESTERLY TO
THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 35+02.94,78.44 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. 5461
Exhibit D
EXHIBIT E.
PSE EASEMENT "E"
PARCELS 7 & 22
EASEMENT DESCRIPTION
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF
SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WII.LAMETTE MERIDIAN, AND BEING THAT
BE
PORTION OF THE 100 FOOT WIDE PUGET SOUND ENERGY RIGHT M THE
FOLLOWS: WAY KNOWN BE
PUGET SOUND ELECTRIC RAILWAY RIGHT OF WAY, SAID EASEMENT BEING DESCRIBED AS
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST.
STATION 35+03.66,67.42 FEET LEFT; THENCE SOUTHEASTERLY TO THE EASTERLY LINE OF SAID
RIGHT OF WAY AT S. 277TH ST. STATION 36+03.09,34.87 FEET RIGHT; THENCE SOUTHERLY
ALONG SAID EASTERLY LINE TO S. 277TH ST. STATION 36+02.92,63.88 FEET RIGHT; THENCE
NORTHWESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION
OF BEGINNING.
35+03.50,38.83 FEET LEFT; THENCE NORTHERLY ALONG SAID WESTERLY LINE H S THE POINT
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. 5461
Exhibit E