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ORDINANCE NO. 5 4 4 9
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 OF PROPERTY LOCATED AT 27605 78Th AVENUE
SOUTH, KENT, WA 98032, TAX PARCEL NUMBER 000680-0004 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
Ordinance No. 5449
November 2, 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 277th 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.
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
Ordinance No. 5449
November 2, 2000
Page 2
affected parcel that is to be taken and/or damaged for a temporary construction
easement is contained in Exhibit C. The legal description of that portion of the
affected parcel that is to be taken or damaged for a perpetual nonexclusive
easement is contained in Exhibit D.
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 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
Ordinance No. 5449
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 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.
Ordinance No. 5449
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
().i�Oe
CHARLES A. BOOTH
MAYOR
ATTEST:
i
Danielle E. D_
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: //-/J-02)
Ordinance No. 5449
November 2, 2000
Page 5
EXHIBIT A
PARCEL 9
TOTAL PARCEL:
Situated in the County of King, State of Washington, and -described
as follows:
That portion of the south 691 feet of John M. Thomas Donation Land
Claim No. 42 in Section 36, Township 22 North, Range 4 East, W.M.,
in King County, Washington, lying north of South 277th Street as
conveyed to King County by instrument recorded under Recording
Number 4714891, records of King County, Washington, and lying east
of Chicago, Milwaukee, St. Paul a pacific Railway Co. right-of-way,
and lying west of Northern Pacific (Burlington Northern Railway Co.
right-of-way);
EXCEPT the west 30 feet of the south 300 feet thereof;
ALSO EXCEPT the following described parcel:
Beginning at the northeast corner of the above-described main tract;
thence south 00.40'19" west along the west line of said Northern
Pacific Railway Co. right-of-way 258.99 feet to a point 956 feet
south of the north line of said Section 36 and the TRUE POINT OF
BEGINNING;
thence north 89.19141" west 100 fast;
thence south 00040119" west 140.70 feet;
thence south 81007'49" west 120 -feet, more or less, to the
southeasterly margin of 78th Avenue South (County Road No. 76);
thence southeasterly along said margin to the north margin of said
South 277th Street;
thence easterly along said margin to the west line of said Northern
Pacific Railway Co. right-of-way;
thence north 00040119" east along said line to the TRUE POINT OF
BEGINNING;
ALSO EXCEPT the following described parcel:
Beginning at the intersection of the northerly margin of said South
277th Street with the southwesterly margin of said 76th Avenue South
(County Road No. 76), as now located;
thence westerly along said northerly margin of said South 277th
Street 300 feet;
thence northerly at right angles.235 feet;
thence easterly parallel with the northerly margin of said South
277th Street to an intersection with the southwesterly margin of
said 78th Avenue South;
thence southeasterly along said margin to the point of beginning;
ALSO EXCEPT right-of-way for 78th Avenue South (County Road No. 76);
Ordinance 5449
Exhibit A
EXHIBIT B
PARCEL 9
FEE ACQUISITION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE
OF WASHINGTON, AND BEING THOSE PORTIONS OF THE "TOTAL PARCEL", LYING SOUTHERLY
AND EASTERLY OF THE FOLLOWING DESCRIBED LINES:
PARCEL A:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE "TOTAL PARCEL", AT S. 27771 ST.
STATION 37+33.48,35.00 FEET LEFT; THENCE EASTERLY TO S. 277TM ST. STATION 37+71.00,35.00
FEET LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 37+71.00, 30.05' LEFT, AT THE SOUTH
LINE OF SAID "TOTAL PARCEL", AND THE TERMINUS OF THIS DESCRIBED LINE.
PARCEL B:
ALSO BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL", AT S. 277"'
ST. STATION 40+61.04, 30.03 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION
42+69.93,36.00 FEET LEFT; THENCE EASTERLY TO S. 277" ST. STATION 44+00.14,36.00 FEET
LEFT; THENCE NORTHEASTERLY TO 78' AVE S. STATION 20+25.38,58.73 FEET LEFT; THENCE
NORTHEASTERLY TO 78TH AVE S. STATION 20+47.68, 57.41 FEET LEFT; THENCE
NORTHEASTERLY TO 78TH AVE S. STATION 20+55.09, 57.74 FEET LEFT; THENCE NON TANGENT
TO THE PRECEDING COURSE, NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE
RIGHT,CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 171.00 FEET, TO 78TH AVE S. STATION
21+87.45,48.55 FEET LEFT; THENCE NON -TANGENT TO THE PRECEDING CURVE,
NORTHEASTERLY ON A STRAIGHT LINE TO 78TH AVE S. STATION. 22+90.93,45.35 FEET LEFT, AT
THE EASTERLY LINE OF SAID TOTAL PARCEL, AND THE TERMINUS OF THIS DESCRIBED LINE.
PARCEL C:
ALSO BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL", AT 78" AVE
S. STATION 24+10.41, 30.00 FEET LEFT; THENCE NORTHERLY ALONG THE ARC OF A CURVE TO
THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 175.00 FEET, TO 78TH AVE S. STATION
26+59.77,30.07 FEET LEFT; THENCE NON -TANGENT TO THE PRECEDING CURVE,
NORTHEASTERLY TO 78TH AVE S. STATION 26+59.77,19.46 FEET LEFT, AT THE NORTHEASTERLY
LINE OF THE "TOTAL PARCEL" AND THE TERMINUS OF THIS DESCRIBED LINE.
CONTAINS 1.04 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.
Ordinance 5449
Exhibit B
EXHIBIT C
PARCEL 9
TEMPORARY CONSTRUCTION EASEMENT
AN EASEMENT IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON, BEING
THAT PORTION OF THE "TOTAL PARCEL", LYING SOUTHERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT S. 277TH ST. STATION 38+61.88,66.38 FEET LEFT; THENCE NORTHERLY TO S. 277TH
ST. STATION 38+61.86,76.38 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 39+75.59,
76.61 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 40+00.60,75.61 FEET LEFT;
THENCE EASTERLY TO S. 277TH ST. STATION 40+74.68, 75.61 FEET LEFT; THENCE EASTERLY TO
S. 277TH ST. STATION 42+74.66, 80.75 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION
43+90.99,80.75 FEET LEFT; THENCE NORTHEASTERLY ALONG A NON -TANGENT CURVE TO THE
RIGHT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET, TO 78TH AVE. SO.
STATION 20+35.20,130.29 FEET LEFT; THENCE NORTHEASTERLY TO 78TH AVE. SO. STATION
20+46.84,111.18 FEET LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE
RIGHT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 210.00 FEET, TO 78TH AVE. SO.
STATION 22+06.94,100.75 FEET LEFT; THENCE EASTERLY TO 78TH AVE. SO. STATION 23+07.82,
82.37 FEET LEFT AT A POINT ON THE EASTERLY LINE OF THE "TOTAL PARCEL", 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 INCLUSIVE, UNDER RECORDING
NUMBER 19990708900014, KING COUNTY RECORDS.
Ordinance 5449
Exhibit C
EXHIBIT D
PARCEL9
PERMANENT EASEMENTS
FEE ACQUISITION:
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE
OF WASHINGTON, AND BEING THOSE PORTIONS OF THE "TOTAL PARCEL", LYING SOUTHERLY
AND EASTERLY OF THE FOLLOWING DESCRIBED LINES:
PARCEL A:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE "TOTAL PARCEL", AT S. 277TH ST.
STATION 37+33.48, 35.00 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 37+71.00,35.00
FEET LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 37+71.00,30.051 LEFT, AT THE SOUTH
LINE OF SAID "TOTAL PARCEL", AND THE TERMINUS OF THIS DESCRIBED LINE.
PARCEL B:
ALSO BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL", AT S. 277TH
ST. STATION 40+61.04,30.03 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION
42+69.93, 36.00 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 44+00.14, 36.00 FEET
LEFT; THENCE NORTHEASTERLY TO 78TH AVE S. STATION 20+25.38, 58.73 FEET LEFT; THENCE
NORTHEASTERLY TO 78' AVE S. STATION 20+47.68, 57.41 FEET LEFT; THENCE
NORTHEASTERLY TO 78TH AVE S. STATION 20+55.09,57.74 FEET LEFT; THENCE NON TANGENT
TO THE PRECEDING COURSE, NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE
RIGHT,CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 171.00 FEET, TO 78TH AVE S. STATION
21+87.45,48.55 FEET LEFT; THENCE NON -TANGENT TO THE PRECEDING CURVE,
NORTHEASTERLY ON A STRAIGHT LINE TO 78TH AVE S. STATION 22+90.93,45.35 FEET LEFT, AT
THE EASTERLY LINE OF SAID TOTAL PARCEL, AND THE TERMINUS OF THIS DESCRIBED LINE.
PARCEL C:
ALSO BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL", AT 78t°'AVE
S. STATION 24+10.41, 30.00 FEET LEFT; THENCE NORTHERLY ALONG THE ARC OF A CURVE TO
THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 175.00 FEET, TO 78TH AVE S. STATION
26+59.77,30.07 FEET LEFT; THENCE NON -TANGENT TO THE PRECEDING CURVE,
NORTHEASTERLY TO 78TH AVE S. STATION 26+59.77,19.46 FEET LEFT, AT THE NORTHEASTERLY
LINE OF THE "TOTAL PARCEL" AND THE TERMINUS OF THIS DESCRIBED LINE.
PERMANENT EASEMENTS
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF
THE "TOTAL PARCEL", LYING NORTHERLY AND WESTERLY OF THE ABOVE DESCRIBED FEE
ACQUISITION LINES, AND SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINES:
BEGINNING AT A POINT ON THE WESTERLY LINE OF THE "TOTAL PARCEL% AT S. 277' ST.
STATION 37+33.59,54.64 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION
37+48.66,66.15 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 38+61.88, 66.38 FEET
Ordinance 5449
Exhibit D
Paae 1
PARCEL9
PERMANENT EASEMENTS (CONTINUED)
LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 39+75.40, 66.61 FEET LEFT; THENCE
EASTERLY TO S. 277TH ST. STATION 40+00.40,65.61 FEET LEFT; THENCE EASTERLY TO S. 277TH
ST. STATION 40+74.81, 65.61 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 42+74.78,
70.75 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 43+93.99,70.75 FEET; THENCE
NORTHEASTERLY TO S. 277TH ST. STATION 43+96.43, 72.36 FEET LEFT; THENCE
NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT,CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 75.00 FEET, TO S. 277TH ST. STATION 44+18.53, 82.27 FEET LEFT; THENCE
NORTHEASTERLY TO 78TH AVE S. STATION 20+44.39,100.66 FEET LEFT; THENCE
NORTHEASTERLY TO 78TH AVE S. STATION 20+52.16,102.42 FEET LEFT; THENCE
NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT,CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 200.00 FEET, TO 78TH AVE S. STATION 22+05.14,91.09 FEET LEFT; THENCE
EASTERLY TO 78TH AVE S. STATION 23+02.25, 73.03 FEET LEFT, AT A POINT ON THE EASTERLY
LINE OF SAID "TOTAL PARCEL", AND THE TERMINUS OF THIS DESCRIBED LINE.
ALSO BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL" AT 78TH
AVE S. STATION 23+07.41, 82.76 FEET LEFT; THENCE NORTHEASTERLY, ALONG THE ARC OF A
CURVE TO THE LEFT,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 130.00 FEET, TO 78TH
AVE S. STATION 26+53.64,57.26 FEET LEFT; THENCE NORTHEASTERLY TO THE
NORTHEASTERLY LINE OF SAID "TOTAL PARCEL" AT 78TH AVE S. STATION 26+94.73,19.36 FEET
LEFT.
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 5449
Exhibit D
Page 2