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ORDINANCE NO. 5910
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DECLARING
PUBLIC USE AND NECESSITY REGARDING THE
CITY OF AUBURN PROJECT NO. C1006, 3RD
AND CROSS STREET ROAD IMPROVEMENTS,
AND AUTHORIZING CONDEMNATION
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 of Auburn is involved in Project No. C1006, 3rd and
Cross Street Road Improvements (the Project); and
WHEREAS, efforts are being made to obtain properties which need to be
acquired in connection with the Project, including having the property appraised
and negotiating reasonable amounts of compensation to be paid for the
property to be acquired; and
WHEREAS, the state legislative policies and procedures in regard to
negotiation, purchase, and relocation for these properties are closely adhered
to; and
WHEREAS, because of the importance of the Project as part of the
City's transportation and infrastructure system, and because the improvements
are necessary to complete the project, the property to be acquired is necessary
for the project and for completion of the public uses of the Project; and
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Ordinance 5910
April 5, 2005
Page 1
WHEREAS, Ordinance No. 5888 already approved condemnation action
for certain properties associated with the Project and indicated future
ordinances may be required for other properties; and
WHEREAS, authorization for condemnation action of additional property
has become necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
1. That the property identified herein is necessary for City of Auburn
Project No. C1006, 3rd and Cross Street SE Road Improvements, and have a
public use in connection with the improvements to be made by the Project.
2. That the Mayor and/or designee(s) is/are authorized to commence
condemnation action in the event negotiations fail to meet agreement, to
acquire the property legally described in Exhibit "A," attached hereto and
incorporated herein as if fully set forth, and to take such other action and/or
implement such other administrative procedures as may be necessary to carry
out the directives of this legislation.
3. That additional ordinances may be required in the future for
properties not included in Exhibit "A" but necessary to the Project and of a
public use and necessity.
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Ordinance 5910
April 5, 2005
Page 2
4. That the compensation to be paid to the owners of the property to
be acquired by the condemnation action shall be paid from a combination of
local funds and a Transportation Improvement Board funding agreement.
5. That 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.
6. That if any portion of this Ordinance or its application to any
person or circumstance is held invalid, the remainder of the Ordinance or the
application of the provision to other persons or circumstances shall not be
affected.
7. That 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:
APR 1 8 2005
APR 1 8 2005
PASSED:
APPROV~. APR ~005
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PETER B. LEWIS
MAYOR
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Ordinance 5910
April 5, 2005
Page 3
ATTEST:
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Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Published: ~-;LJ- J-.icYZJ s;-
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Ordinance 5910
April 5, 2005
Page 4
MBAP LLC
PARCEL #395390-0005
PROPOSED RIGHT-OF"WAY TAKE AREA
..
,
A PORTION OF LOT 1, BLOCK A, C.P. LACEY'S ADDITION TO THE TOWN OF
SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3
OF PLA TS, PAGE 46, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH
89°05'48" EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF
99.99 FEET-TO THE NORl'lIWEST CORNER OF LANDS CONVEYED TO THE
CITY OF AUBURN IN DEED RECORDED UNDER RECORDING NO. 8510231022,
RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 44°00'37" EAST
A DISTANCE OF 16.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
TO THE RIGHT HA VlNG A RADIUS OF 17.00 FEET (THE RADIUS CENTER
BEARS SOUTH 78°50' 19" WEST), ALSO LYING ON THE WESTERLY LINE OF
LANDS CONVEYED TO THE CITY OF AUBURN IN DEED RECORDED UNDER
RECORDING NO. 7302160561, RECORDS OF KING COUNTY, WASHINGTON;
THENCE SOUTHERLY IN A CLOCKWISE DIRECTION ALONG SAID CURVE
4.11 FEET THROUGH A CENTRAL ANGLE OF 13°51'38"; THENCE SOUTH
02°41 '57" WEST A DISTANCE OF 7.64 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 17.25 FEET (THE
RADIUS CENTER BEARS SOUTH 80°28'21" WEST); THENCE
NORTHWESTERLY IN A COUNTERCLOCKWISE DIRECTION ALONG SAID
CURVE 21.39 FEET THROUGH A CENTRAL ANGLE OF 71 °02'47" TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT HA VlNG A RADIUS OF
846.24 FEET; THENCE WESTERLY ALONG SAID CURVE 47.91 FEET THROUGH
A CENTRAL ANGLE OF 03°14'38" TO THE BEGINNING OF A TANGENT CURVE
TO THE LEFT HAVING A RADIUS OF 638.83 FEET; THENCEWESTERL Y
ALONG SAID CURVE 13.78 FEET THROUGH A CENTRAL ANGLE OF 01 °14'09"
TO THE BEG1NNlNG OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 916.68 FEET; THENCE WESTERLY ALONG SAID CURVE 35.73 FEET
THROUGH A CENTRAL ANGLE OF 02°14'00" TO THE WEST LINE OF SAID LOT
1; THENCE NORTH 00°56'36" EAST ALONG SAID WEST LINE A DISTANCE OF
1.56 FEET TO THE POINT OF BEGINNING.
TAKE AREA CONTAINS 510 SQUARE FEET (0.0117 ACRES), MORE OR LESS.
[THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS NAD 83/91,
BASED ON COORDINATES SUPPLIED BY INCA ENGINEERS FOR GEODETIC
CONTROL PERFORMED IN 1995.]
ORDINANCE 5910
EXHIBIT A
PAGE 1 of 3
MBAP LLC
PARCEL #395390-0005
PROPOSED UTILITY.EASEMENT
,
A PORTION OF LOT 1, BLOCK A, C.P. LACEY'S ADDITION TO THE TOWN OF
SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED INNOLUME 3
OF PLATS, PAGE 46, INKING COUNTY, WASHINGTON, DESCRIBED ÂS."
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE
SOUTH 00°56'36" WEST ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE
OF 1.56 FEET TO THE TRUE POINT OF BEG1NN1NG; THENCE CONTINUING
SOUTH 00°56'36" WEST ALONG SAID WEST LINE A DISTANCE OF 10.00 FEET;
THENCE SOUTH 88°56'20" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH
00°56'36" EAST A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 916.68 FEET (THE
RADIUS CENTER BEARS SOUTH 01 °22'22" WEST); THENCE WESTERLY
ALONG SAID CURVE 10.00 FEET THROUGH A CENTRAL ANGLE OF 00°37'30"
TO THE TRUE POINT OF BEGINNING.
UTILITY EASEMENT CONTAINS 100 SQUARE FEET (0.0023 ACRES), MORE OR
LESS.
[THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS NAD 83/91,
BASED ON COORDINATES SUPPLIED BY INCA ENGINEERS FOR GEODETIC
CONTROL PERFORMED IN 1995.]
.,.1<
ORDINANCE 5910
EXHIBIT A
PAGE 2 of 3
MBAP LLC
PARCEL #395390-0005
~.._-~~~-_._-----------------------_.-
PROPOSED SIGNAL POLE EASEMENT
A PORTION OF LOT 1, BLOCK A, C.P. LACEY'S ADDITION TO THE TOWN OF
SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3
OF PLATS, PAGE 46, IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE
SOUTH 89°05'48" EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE
OF 99.99 FEET TO THE NORTHWEST CORNER OF LANDS CONVEYED TO THE
CITY OF AUBURN IN DEED RECORDED UNDER RECORDING NO. 8510231022,
RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 44°00'37" EAST
A DISTANCE OF 16.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
TO THE RIGHT HAVING A RADIUS OF 17.00 FEET (THE RADIUS CENTER
BEARS SOUTH 78°50' 19" WEST), ALSO LYING ON THE WESTERLY LINE OF
LANDS CONVEYED TO THE CITY OF AUBURN IN DEED RECORDED UNDER
RECORDING NO. 7302160561, RECORDS OF KING COUNTY, WASHINGTON;
THENCE SOUTHERLY IN A CLOCKWISE DIRECTION ALONG SAID CURVE
4.11 FEET THROUGH A CENTRAL ANGLE OF 13°51 '38"; THENCE SOUTH
02°41 '5T' WEST A DISTANCE OF 7.64 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE TO THE LEFT HA VlNG A RADIUS OF 17.25 FEET (THE
RADIUS CENTER BEARS SOUTH 80°28'21" WEST); THENCE
NORTHWESTERLY IN A COVNTERCLOCKWISE DIRECTION ALONG SAID
CURVE 9.58 FEET THROUGH A CENTRAL ANGLE OF 31 °48'24" TO THE TRUE
POINT OF BEGINNING; THENCE CONTINUING IN A COUNTER CLOCKWISE
DIRECTION ALONG SAID CURVE A DISTANCE OF 7.06 FEET THROUGH A
CENTRAL ANGLE OF 23°26'38"; THENCE SOUTH 36°34'36" WEST A DISTANCE
OF 3.03 FEET; THENCE SOUTH 53°18' 17" EAST A DISTANCE OF 7.00 FEET;
THENCE NORTH 36°41 '43" EAST A DISTANCE OF 3.00 FEET TO THE TRUE
POINT OF BEGINNING.
SIGNAL POLE EASEMENT CONTAINS 23 SQUARE FEET (0.0005 ACRES), MORE
OR LESS.
[THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS NAD 83/91,
BASED ON COORDINATES SUPPLIED BY INCA ENGINEERS FOR GEODETIC
CONTROL PERFORMED IN 1995.J
ORDINANCE 5910
EXHIBIT A
PAGE 3 of 3