HomeMy WebLinkAbout5445ORDINANCE NO. 5 4 4 5
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/OR PROPERTY RIGHTS OF PROPERTY LOCATED AT 8014 SOUTH
277'' STREET, KENT, WA 98032, TAX PARCEL NUMBER 000040-0001
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. 5445
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 277"' 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 determination of just compensation for damage
or use of property is necessary and for a public purpose and use, the South
277"' 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 contained in Exhibit A hereto.
The legal description of that portion of the affected parcel that is to be taken
and/or damaged for a temporary construction easement is contained in Exhibit
B.
Ordinance No. 5445
November 2, 2000
Page 2
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 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 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.
Ordinance No. 5445
November 2, 2000
Page 3
ection 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 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.
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 No. 5445
November 2, 2000
Page 4
INTRODUCED: November 6, 2000
PASSED: November 6, 2000
APPROVED: November 6, 2000
CHARLES A. BOOTH
MAYOR
ATTEST:
Daffielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: 11-&Q-616
Ordinance No. 5445
November 2, 2000
Pape 5
EXHIBIT A
PARCEL 17
TOTAL PARCEL:
situated in the County of King, State of Washington, and described as
follows:
All of Robert H. Beatty Donation Claim No. 37 being a portion of
Sections 25, 30, 31 and 36, Township 22 North, Ranges 4 and SEast,
W.M., in King County Washington;
EXCEPT the south 49.5 feet thereof;
AND EXCEPT that portion conveyed to State of Washington for highway
purposes by Deed recorded September 21, 1964 under Recording Number
5788897;
EXCEPT that portion conveyed to King County by Recording
Number 8806090822;
EXCEPT that portion conveyed to the City of Kent for road by Deed
recorded under Recording Number 9706090895.
Ordinance 5445
Exhibit A
EXHIBIT B
PARCEL 17
TEMPORARY CONSTRUCTION EASEMENT
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF
THE "TOTAL PARCEL", LYING WESTERLY OF 83RD AVE SO., AND SOUTHWESTERLY,
SOUTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING ON THE WESTERLY BOUNDARY LINE OF THE "TOTAL PARCEL", AT S. 277", ST.
STATION 58+55.68,159.53 FEET LEFT; THENCE SOUTHEASTERLY TO S. 277TH ST. STATION
58+72.25, 63.00 FEET LEFT; THENCE EASTERLY TO S. 277'" ST. STATION 58+89.79, 63.00 FEET
LEFT; THENCE NORTHEASTERLY TO 83RD AVE SO, STATION 11+37.59, 79.80 FEET LEFT; THENCE
NORTHWESTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 2944.80 FEET, TO 83RD AVE SO. STATION 13+23.67, 79.80 FEET LEFT;
THENCE NORTHERLY TO 83RD AVE SO. STATION 14+25.87,54.84 FEET LEFT, AT THE WESTERLY
RIGHT-OF-WAY LINE OF 83RD AVE SO., 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 5445
Exhibit B