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HomeMy WebLinkAbout5472ORDINANCE NO. 5472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE 5432 WHICH AUTHORIZED THE ACQUISITION OF CERTAIN PROPERTY AND PROPERTY RIGHTS BY EMINENT DOMAIN, PROVIDED FOR THE PAYMENT THEREOF; AUTHORIZED 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 A PORTION OF SUCH PROPERTY AND PROPERTY RIGHTS LOCATED AT 27617 VALLEY HWY SOUTH, TAX PARCEL NUMBER 936000-0191 TO CORRECT THE PROPERTY DESCRIPTION AND TO AUTHORIZE ACQUISITION OF ANY NECESSARY EASEMENTS AND/OR EASEMENT RIGHTS AND PAYMENT FOR TWO TEMPORARY CONSTRUCTION EASEMENTS 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 for purposes 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; and Ordinance 5472 November 2, 2000 Page 1 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 PR562 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 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. Ordinance 5472 November 2, 2000 Page 2 The legal description of that portion of the affected parcel that is to be taken is attached as Exhibit B hereto. The legal description of that portion of the affected parcel that is to be taken and/or damaged for a temporary construction easement is contained in Exhibit C. Each of the above referenced exhibits is attached hereto and 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 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 Ordinance 5472 November 2, 2000 Page 3 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 and from City of Auburn funds. Section S. 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 S. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance 5472 November 2, 2000 Page 4 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 6, 2000 PASSED: November 6, 2000 APPROVED: November 6, 2000 Q,bAh& 14- (�d j CHARLES A. BOOTH MAYOR ATTEST: r .: City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED:1%-lD'OjJ Ordinance 5472 November 2, 2000 Page 5 EXHIBIT A PARCEL 58 TOTAL PARCEL: Situated in the County of King, State of Washington, and described as follows: That portion of Tracts 30 and 31, White River Valley Home Tracts, according to the plat thereof recorded in Volume 13 of Plats, page 17, in King County, Washington, described as follows: Commencing at a concrete monument at the northwest corner of said Tract 30; thence along the west line of said Tract' 30, south 0°10'32" west 25.02 feet to a point on the south margin of South 276th Street, as established by deed recorded under Recording Number 5904792, records of said county, said point being the TRUE POINT OF BEGINNING; thence along said margin south 81056106" east 82.10 feet to a point opposite Highway Engineer's Station 276th Street West, 1+00 and 60 feet therefrom; thence south 50005133" east 123.79 feet to a point opposite Highway Engineer's Station 113+50 and 55 feet westerly therefrom as shown on the map of State Road Number 5, Kent Bridge Approaches, King County, said point being on a 2919.79 foot radius curve concave to the northeast with a radial through said point bearing north 67016159" east; thence southeasterly along said curve a distance of 203.51 feet to its intersection with a line which bears south 89049128" east from a point which is 300 feet south of the northwest corner of said Tract 30 and on the west line thereof; thence north 89049128" west 262.16 feet to the west line of said Tract 30; thence north 0010132" east along said west line 274.98 feet to the TRUE POINT OF BEGINNING. Ordinance 5472 Exhibit A EXHIBIT B PARCEL 58 FEE ACQUISMON ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, AND BEING THAT PORTION OF THE 'TOTAL PARCEL", LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE WESTERLY LINE OF THE 'TOTAL PARCEL", AT 5.277T'l ST. STATION 58+51.01, 79.29 FEET RIGHT; THENCE NORTHEASTERLY TO S.277TH ST. STATION 59+56.39,69.33 FEET RIGHT, AT THE NORTHEASTERLY LINE OF SAID 'TOTAL PARCEL", AND THE TERMINUS OF THIS DESCRIBED LINE. CONTAINS 0.08 ACRES MORE OR LESS THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT CERTAIN RECORD OF SJRVEY 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 5472 Exhibit B EXHIBIT C PARCEL 58 TEMPORARY CONSTRUCTION EASEMENT FEE ACQUISITION: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, AND BEING THAT PORTION OF THE "TOTAL PARCEL", LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE WESTERLY LINE OF THE "TOTAL PARCEL", AT S.277T ST. STATION 58+51.01, 79.29 FEET RIGHT; THENCE NORTHEASTERLY TO S.277TH ST. STATION 59+56.39,69.33 FEET RIGHT, AT THE NORTHEASTERLY LINE OF SAID "TOTAL PARCEL", AND THE TERMINUS OF THIS DESCRIBED LINE. TEMPORARY CONSTRUCTION EASEMENT: AN EASEMENT IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE "TOTAL PARCEL", LYING SOUTHERLY OF THE ABOVE DESCRIBED FEE ACQUISITION PARCEL; AND NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF THE ABOVE DESCRIBED TOTAL PARCEL, AT AUBURN WAY N. STATION 7+67.14,55.00 FEET LEFT; THENCE NORTHWESTERLY TO AUBURN WAY N. STATION 7+98.80,62.94 FEET LEFT; THENCE NORTHWESTERLY TO AUBURN WAY N. STATION 8+30.54,62.28 FEET LEFT; THENCE SOUTHWESTERLY TO AUBURN WAY N. STATION 8+30.92,88.17 FEET LEFT; THENCE NORTHWESTERLY TO AUBURN WAY N. STATION 9+14.20, 88.49 FEET LEFT; THENCE NORTHEASTERLY TO AUBURN WAY N. STATION 9+14.57,67.84 FEET LEFT, AT THE NORTHEASTERLY BOUNDARY OF THE ABOVE DESCRIBED TOTAL PARCEL; THENCE ALONG SAID NORTHEASTERLY BOUNDARY OF THE ABOVE DESCRIBED TOTAL PARCEL, NORTHWESTERLY TO AURURN WAY N. STATION 9+57.74,91.53 FEET LEFT TO A LINE THAT IS PARALLEL WITH AND 10.00 FEET SOUTHEASTERLY OF THE SOUTHERLY LINE OF THE ABOVE DESCRIBED FEE ACQUISITION PARCEL; THENCE ALONG SAID PARALLEL LINE, SOUTHWESTERLY TO S. 277TH ST. STATION 58+50.53, 89.40 FEET RIGHT, AND THE TERMINUS OF THIS DESCRIBED LINE. 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 INC: NUMBER 19990708900014, KING COUNTY RECORDS. Ordinance 5472 Exhibit C