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HomeMy WebLinkAbout5432ORDINANCE NO. 5432 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 A PORTION OF SUCH PROPERTY AND PROPERTY RIGHTS DESIGNATED AS 27617 VALLEY HWY SOUTH, TAX PARCEL NUMBER 936000-0191 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 projects PR529 and PR562; and WHEREAS, the policies and procedures in regard to negotiation, purchase, and relocation for these properties is governed by federal legislation and are strictly adhered to; and WHEREAS, should negotiations fail to reach agreement, the City Attorney is authorized to prepare petitions for condemnation to be filed in the King County Superior Court for the acquisition of parcels as it becomes necessary for the construction of South 277th Street - Reconstruction Project (PR 562). Ordinance 5432 August 28, 2000 Page 1 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 is necessary and for a public purpose and use, i.e. South 277th Street - Reconstruction Project (PR 562). The property to be acquired is legally described and shown in Exhibit "A", attached hereto and incorporated herein as if fully set forth. Section 2. Authority. The City of Auburn is authorized by laws and statues 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 meet agreement, against the owner and all other parties in interest in the hereinabove described lands and improvements, if any, 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 aforedescribed property and property rights for the City of Ordinance 5432 August 28, 2000 Page 2 Auburn. Such proceedings shall be to determine the just compensation for the appropriation of such property and property rights by the City of Auburn. Section 4. Compensation for the acquisition of said property and property rights shall be from a combination of Federal, Port of Seattle, and Port of Tacoma Funding Agency Agreements. Section 5. Constitutionality or Invalidity. If any section, subsection clause or phase 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 nay 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 5432 August 28, 2000 Page 3 INTRODUCED: eptombeer 18, 2000 PASSED: September 18, 2000 APPROVED: Septenber 18, 2000 Ukw&;6,- ,1 rcfE CHARLES A. BOOTH MAYOR ATTEST: 10 / �,? 6, it L/ �& 1, - Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: 1 'ao�=QCT Ordinance 5432 August 28, 2000 Page 4 LEGAL DESCRIPTION PORTION OF PARCEL 58 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.277TH ST. STATION 58+51.01, 79.29 FEET RIGHT; THENCE NORTHEASTERLY TO S.277TH ST. STATION 59+58.39,69.33 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 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. K 1 N GEX/SL R/w - _ _ - - --- -'-- -- - _.._ -._..- - - _ r� COUNTY ypr//0 NEW PROPERTY C R©p�p��p LINE. PER CITY OF QM dA07HERSfJ1,236.66 R nitnS INCUJC, . ,000040-0001 7.23 10+ 36 f F K04T PLANS .� L 5T 57A. + AUBURN WAY N. =AUBURN WAY N STA. 10+11.18 CONS7RUVION E 4-03'11:33' SI+ STA 11+37ML L.278 59' ME N� 28f PC -STA 61+32.79 - - -- - 1.Z £ 1.634,31263 PT -STA 64+11.39 Buss VJWAM moo N IJZ21439 0+13.91 CN f 51� 61____-_ TO SR E 1,634 f3f. $il• 'S6+Sf.IS --- 95.20 STA 61+4x32 Q EMST. ROADWAY ... 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R August 28, 2000 936000-0189 L-407.52'PC-STA Page 1 4+50.00 PT -STA 15+43.76