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ORDINANCE NO. 6 2 3 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, DECLARING PUBLIC USE
AND NECESSITY REGARDING ACQUISITION OF
PROPERTY TO PROVIDE ACCESS TO A FUTURE SITE
FOR CITY-OWNED FACILITIES, AND AUTHORIZING
CONDEMNATION
WHEREAS, the City of Auburn owns property on which it intends to locate
a future facility ("City Property"), identified as King County Tax Parcel No.
2521049114;and
WHEREAS, the City Property is landlocked and has no direct access to a
public right-of-way; and
WHEREAS, the City owns a second property abutting "C" Street SW (King
County Tax Parcel No. 2521049115), which is separated from the City Property
by property owned by The Safeway Company, Inc.; and
WHEREAS, the City has made efforts to obtain a 1.2 acre portion of the
Safeway property ("Safeway Parcel"), including having the property appraised
and trying to negotiate a reasonable amount of compensation to be paid for the
Safeway Parcel; and
WHEREAS, while on-going, those efforts have not been successful at this
point in time in securing the acquisition of the Safeway Parcel; and
WHEREAS, although there may be interest by Safeway to work toward
agreement whereby the City may acquire the Safeway Parcel, passage of this
ordinance will allow the City to continue moving forward with the condemnation
process while the negotiation process is pursued.
Ordinance No. (0233
April 2, 2009
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as follows:
Section 1. Declaration of Necessity. That the property identified herein
is necessary for access to the City Property, and has a public use in connection
with the use of the City Property as a public-owned facility.
Section 2. Authorization for Condemnation. That the Mayor and his
designees are authorized to commence condemnation action to acquire the
property being a portion of King County Tax Parcel No. 2521049096, as legally
described and depicted in Exhibit "A," attached hereto and incorporated by
reference.
Section 3. Authorization for Administrative Action. That the Mayor
and/or designee(s) is/are further authorized to take such other action and/or
implement such other administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 4. Compensation from Capital Projects Fund. That the
compensation to be paid to the owners of the property to be acquired by the
condemnation action shall be paid from the Capital Projects Fund of the City.
Section 5. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Ordinance No. 62-53
April 2, 2009
Page 2
Section 6. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law. INTRODUCED: APR - 6 2009
PASSED: APR - 6 2009
APPROVED: APR - 6 2009
d 1
PETER B. LEWIS, MAYOR
ATTEST:
Da 'elle E. Daskam, City Clerk
APPROVED AS TO FORM:
„
D n' . eid, ' Attorney
Published: r~ ~ z~~~
Ordinance No. 6233
April 2, 2009
Page 3
Exhibit A
LEGAL DESCRIPTION OF THE 1.2 ACRE SAFEWAY PARCEL
That portion of the Northeast quarter of Section 25, Township 21 North, Range 4
East, Willamette Meridian, King County, Washington, more particularly described
as follows;
The North 430 feet of Lot 1 of the City Of Auburn Lot Line Adjustment No.
LLA02-0015, as recorded under recording no. 20020725001632, records of said
county, as measured perpendicular to the most Northerly line of said Lot 1, said
most Northerly line Bearing South 89° 12' 14" East, a distance of 57.79 feet.
s es•az'ra• e
$7,79'
fd [11'pfi'42" W
1.2 Acre Safeway Parc+al #
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THIS E%hIyIT MAP 15 E3ASEC7 ON C1TY 47F AUBUftht
LOT LINE ADJUaTMENT i.IA02-0015 REIJt?RDED UhtOER EkFM90}•!'}Y•2`oCM
KINC CQUNFY aECflRDItdG AtUM6ER 20020725001632
AN@} DO[5 NCsi 1?EPF2ESENT A Sd7eJNDARY SURI+£Y.
4rr~, . Exhibit for 1.2 Acrv Safeway Parcel
EJKHBIT MAP T0 AGGE)MPANY LEGAL DESGRDPTION
1'`AXMinCI?C10F
L1'TY 8F A?JBURFi Pi10L9C WORKS
zs wEsT MaiN STREEr February M, 2008
AUsvPrd. wn 98001
Ordinance No. ~ 233
April 2, 2009
Page 4
,
CITY OF '
UBU_`~l ~1 Peter B. Lewis, Mayor
' WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
STATE OF WASHINGTON )
)ss.
COUNTIES OF KING AND PIERCE )
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the counties of King and
Pierce, State of Washington, certify as follows
1. The foregoing is a full, true and correct copy of Ordinance No. 6233
(the "Ordinance") duly passed by the Council and approved by the Mayor of the said
City of Auburn, on the 6th day of April, 2009, as that ordinance appears on the
minute book of the City.
2. Ordinance No. 6233 was published as provided by law in the Seattle
Times, a daily newspaper published in the City of Auburn, and of general circulation
therein, on the 9th day of April, 2009.
Witness my hand and the official seal of the City of Auburn, this 29th day of
June, 2009.
Dan' Ile Daskam, City Clerk
City of Auburn
AUBURN* MORE THAN YOU IMAGINED