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HomeMy WebLinkAbout5462ORDINANCE NO. 5 4 6 2 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 ADJACENT TO PUGET SOUND ENERGY'S 100 FOOT UTILITY CORRIDOR, WHICH CROSSES SOUTH 277TH STREET, TAX PARCEL NUMBER 000220-0004, 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. 5462 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 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 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): Temporary construction easements affecting Tax Parcel 000220-0004, which are legally described at Exhibits F and G hereto. Ordinance No. 5462 November 20, 2000 Page 2 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 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. 5462 November 20, 2000 Page 3 ection 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 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 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. Ordinance No. 5462 November 20, 2000 Page 4 INTRODUCED: November 20, 2000 PASSED: November 20, 2000 APPROVED: November 20, 2000 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk A � IRO�VEEDD AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: "14416y Ordinance No. 5462 November 20, 2000 Page 5 EXHIBIT F PSE TEMPORARY CONSTRUCTION EASEMENT "F" 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+02.94,60.50 FEET RIGHT; THENCE EASTERLY TO S. 277TH ST. STATION 35+80.29, 60.50 FEET RIGHT; THENCE SOUTHERLY TO S. 277TH ST. STATION 35+80.29,142.40 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 35+02.48,143.69 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. 5462 Exhibit F EXHIBIT Q PSE TEMPORARY CONSTRUCTION EASEMENT PARCEL 22, ADJOINING 37TH ST. NW EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION I, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE 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 NORTHERLY RIGHT OF WAY LINE OF 37TH ST. NW, AT S. 277TH ST. STATION 35+09.29,4862.91 FEET RIGHT; THENCE NORTHERLY TO S. 277TH ST. STATION 35+10.66,4669.36 FEET RIGHT; THENCE EASTERLY TO S. 277TH ST. STATION 35+53.13, 4668.65 FEET RIGHT; THENCE SOUTHEASTERLY TO S. 277TH ST. STATION 35+86.90,4745.61 FEET RIGHT; THENCE SOUTHERLY TO THE NORTHERLY RIGHT OF WAY LINE OF 37TH ST. NW, AT S. 277TH ST. STATION 35+88.90,4866.59 FEET RIGHT; THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF 37TH ST. NW 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. 5462 Exhibit G