HomeMy WebLinkAbout5446ORDINANCE NO. 5 4 4 6
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, INCLUDING SLOPE 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 000680-0002 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 PR562;
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. 5446
November 2, 2000
Page I
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 determination of just compensation for
damage or use of property is necessary and for a public purpose and use, the
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 contained in Exhibit A hereto.
Ordinance No. 5446
November 2, 2000
Page 2
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
L•3
The legal description of that portion of the affected parcel that is to be taken
and/or damaged for a slope easement is contained in Exhibit C.
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
Ordinance No. 5446
November 2, 2000
Page 3
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.
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.
Ordinance No. 5446
November 2, 2000
Page 4
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to cant' 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.
INTRODUCED
November 6, 2000
PASSED: November 6, 2000
APPROVED: November 6. 2000
A - &r'—d
CHARLES A. BO TH
MAYOR
ATTEST:
G� zk
Dan Ile E. Daskam,
City Clerk
A OVED AS TO FORM:
"U(jk �
Michael J. Reynolds,
City Attorney
PUBLISHED: %I" /D —OD
Ordinance No. 5446
November 2, 2000
Page 5
EXHIBIT A
PARCEL 16
TOTAL PARCEL:
Situated in the County of King, State of Washington, and described as
follows:
That portion of the John M. Thomas Donation Claim Number 42 in
Section 36, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows:
The north 841.5 feet of the south 891 feet, lying east of the
Northern Pacific Railroad right-of-way;
EXCEPT the east 60 feet of the west 120 feet of the south 120 feet;
AND EXCEPT portions conveyed to the State of Washington for State
Road Number 5 by deeds recorded under Recording Numbers 2740010,
2789237, 2789238, 5788897 and 8806090820;
AND,EXCEPT that portion conveyed to King County for South 277th
Street by deeds recorded under Recording Numbers 1675291 and 5796417.
Ordinance 5446
Exhibit A
EXHIBIT B
PARCEL 16 j
TEMPORARY CONSTR&M' ON EASEMENT
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF
THE "TOTAL PARCEL", LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING ON THE WESTERLY LINE OF THE '"TOTAL PARCEL", AT S. 277TH ST. STATION
51+97.40,68.13 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 52+66.34,67.88 FEET
LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 52+66.33, 64.88 FEET LEFT; THENCE
EASTERLY TO S. 277TH ST. STATION 57+97.26,62.12 FEET LEFT; THENCE NORTHEASTERLY TO S.
277TH ST. STATION 58+17.17,179.92 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION
58+51.71,180.02 FEET LEFT; THENCE SOUTHEASTERLY TO THE EASTERLY LINE OF THE "TOTAL
PARCEL, AT S. 277TH ST. STATION 58+55.68,159.53 FEET LEFT, 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 5446
Exhibit B
EXHIBIT C
PARCEL 16
SLOPE EASEMENT
AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, FOR THE RIGHT TO
MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE PROPERTY AND ON EACH
SIDE OF THE BELOW -DESCRIBED LINE, IN CONFORMITY WITH STANDARD PLANS AND
SPECIFICATIONS FOR ROAD PURPOSES, BEING THAT PORTION OF THE "TOTAL PARCEL"
LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING ON THE WESTERLY LINE OF THE '"TOTAL PARCEL", AT S. 277"{ ST. STATION
51+97.40,68.13 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 52+66.34,67.88 FEET
LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 52+6633, 64.88 FEET LEFT; THENCE
EASTERLY TO S. 277'" ST. STATION 57+97.26,62.12 FEET LEFT; THENCE NORTHEASTERLY TO S.
277TH ST. STATION 58+17.17,179.92 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION
58+51.71,180.02 FEET LEFT; THENCE SOUTHEASTERLY TO THE EASTERLY LINE OF THE "TOTAL
PARCEL, AT S. 277TH ST. STATION 58+55.68,159.53 FEET LEFT, 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 5446
Exhibit C