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Home My WebLink About5386ORDINANCE NO. 5386 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 SUCH PROPERTY AND PROPERTY RIGHTS DESIGNATED AS 307 SOUTH DIVISION STREET, TAX PARCEL NUMBER 395390-0090 AND 300 SOUTH DIVISION STREET, TAX PARCEL NUMBER 635000-0070, AND WASHINGTON STATE DEPARTMENT OF TRANSPORTATION NUMBER 1-16535 FOR THE STATE ROUTE SRI / "C" STREET S.W. INTERCHANGE MODIFICATION AND 3RD STREET S.W. GRADE SEPARATION PROJECT (PR529). 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 property rights designated for the construction and maintenance of PR 529, SRI 8/'C' Street SW Interchange and 3`d Street SW Grade Separation Project. 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. State route 18 / "C" Street S.W. Interchange and 3`d Street S.W. Grade Separation Project (PR 529). The remaining property to be acquired located at 307 South Division Street, tax parcel number 395390-0090 and is legally described and shown in Exhibit "A", attached hereto and incorporated herein as if fully set forth, and 300 South Division Street, tax parcel number 635000-0070 and Washington State Department of Transportation number 1-16535 and is legally described and shown in Exhibit "B", attached hereto and incorporated herein as if fully set forth. Ordinance 5386 May 3, 2000 Page 1 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 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 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 WSDOT Funding Agreement, Federal Grant Funding (TEA -21), and Port of Seattle Funding Agreement. 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 phrase 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 5386 May 3, 2000 Page 2 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: May 15,2000 PASSED: May 15, 2000 APPROVED: May 15, 2000 C" 14 , 0 qm4 Charles A. Booth Mayor AIITTnTEST::� ��(Uifit ,lam Danielle E. Daskam, City Clerk •A,. • • •' Micheal J. Reynolds, City Attorney Published: / /a Ordinance 5386 May 3, 2000 Page 3 Exhibit `A' UTILITY, CONSTRUCTION AND MAINTENANCE EASEMENT DESCRIPTION Parcel 1-16535 Tax Parcel No. 395390-0090 THAT PORTION OF LOT 1, BLOCK B, C.P. LACEY'S ADDITION TO THE TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEROF RECORDED IN VOLUME 3 OF PLATS, PAGE 46, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 000 53'17" WEST ALONG THE WEST MARGIN OF SOUTH DIVISION STREET, 20.99 FEET; THENCE NORTH 89 007'14" WEST, 2.72 FEET; THENCE NORTH 58 053'22" WEST, 13.36 FEET; THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIAL CENTER BEARS NORTH 02 006'02" EAST, 1547.50 FEET, AN ARCE DISTANCE OF 96.86 FEET; THENCE NORTH 84 018'48" WEST, 4.18 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH 00 053' 17" EAST ALONG SAID WEST LINE, 8.84 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89 006'43" EAST ALONG THE SOUTH MARGIN OF 3RD STREET SOUTHWEST, 115.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 1481 SQUARE FEET. Ordinance 5386 May 3, 2000 Page 4 TOWN OF SLAUGHTE4 VOL. 2, PG. 56 LOT 7 LOT 8 W LOT 6 � 30' 1 tv 0 S a • 3RD ST. SW i ole 4 � PROPOSED C/L R=1500.00' I MON. 2 S 89'0643' E 300.89' A ST. SW � EXISTING C/L • o EXISTING ROW Cl) EXHIBIT MAP PARCEL 1-16535 EASEMENT JUK 7, 19 I W AM N& 1-165M n LOT 7 T E C H 100 W. Brood■oy 10800 ALL 9th St. 720 S. 333 St. ULM 1200 Dupont SL. Slur 2-B Ste. $000 LOT 1 redera, way. MVA 98003 0 Lang Beach. CA 90802-444 Bewsvw. WA 98004 206 B38-6202 360 7x-3202 310 495-44Q 0 PROPOSED MAINTENANCE EASEMENT 30' z LOT a 1-16535 LOT 2 3 � I LOT 9 LOT 3 ~' . .. Z C.P. LACErS AD ATI N TO THE TOWN OF SLAUGHTER N.T.S. VOL. 3 PC. 46 I LOT 10 ® LOT 4 i ' M A LOT 11 LOT 5 , EXHIBIT MAP Ordinance 5386 May 3, 2000 Page 5 PARCEL 1-16535 EASEMENT JUK 7, 19 AM N& 1-165M E A R T H` T E C H 100 W. Brood■oy 10800 ALL 9th St. 720 S. 333 St. ULM 1200 Dupont SL. Slur 2-B Ste. $000 7th Floor redera, way. MVA 98003 Bel6ngnam. WA 99225 Lang Beach. CA 90802-444 Bewsvw. WA 98004 206 B38-6202 360 7x-3202 310 495-44Q 206 455-904 Ordinance 5386 May 3, 2000 Page 5 Exhibit `B' CONSTRUCTION AND MAINTENANCE EASEMENT DESCRIPTION Parcel 1-16535 Tax Parcel No. 635000-0070 THAT PORTION OF LOT 5, BLOCK 2, J.M. OGLE'S FIRST ADDITION TO THE TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 6 OF PLATS, PAGE 95, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 890 06'43" WEST ALONG THE SOUTH LINE OF SAID LOT 5, A DISTANCE OF 7.73 FEET; THENCE ALONG A CURVE TO THE LEFT WHOSE RADIAL CENTER BEARS NORTH 540 07'47" WEST, 76.00 FEET, AN ARC DISTANCE OF 16.00 FEET TO THE WEST MARGIN OF SOUTH DIVISION STREET; THENCE SOUTH 000 53'l 7" WEST ALONG SAID WEST MARGIN, 13.98 FEET TO THE POINT OF BEGINNING AND CONTAINING 50 SQUARE FEET. Ordinance 5386 May 3, 2000 Page 6 MON. @ 3RD ST. SW LOT 3 W 30r 6-5375DLo 0 0 2 IPVGa��R Z I LOT 4 �F 5. NE Z��N to • ,. t��a G.95. Q ri �M. LOT 5 A J I PROPOSED MAINTENANCE EASEMENT—,, / ( N.T.S. S 89'06'43' E / SE 1/4. SE 1/4, 13-21-4 PROPOSED R.D.W. i \'0'<, / PROPOSED C/L - --�'� PROPOSED R.O.W. EXHIBIT MAP PARCEL 1716535 EASEMENT im 7. 19" ACRD Ma i-16533 E A R T H T E C H 100 'W. Broadway Sts. 5000 10800 N.E. 8th St. 7th ria" 720 S. 333 Sl $to= .1200 Dupont St- Sic 2-0 ea M95Beach, CA 47 90802-4 Beuevua, WA 98004 Federal May. MIA 96003 206 638-6202 BN horn. MIA 98225 36034-3202 310 495-4449 1 2A6 455-9494 Ordinance 5386 May 3, 2000 Page 7