HomeMy WebLinkAbout5447ORDINANCE NO. 5 4 4 7
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 FOR PROPERTY LOCATED AT 15 49`h STREET NW, AUBURN, WA
98001, TAX PARCEL NUMBER 936000-0183 WHICH ARE NECESSARY FOR
THE 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
property owners related to City project PR 562 is governed by federal and state
legislation and are strictly adhered to; and
Ordinance 5447
November 2, 2000
Page 1
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`h 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/or determination of just compensation for
damage or use of property is necessary and for a public purpose and use, i.e.
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 attached as Exhibit A hereto.
The legal description of that portion of the affected parcel that is to be taken is
attached as Exhibit B hereto.
Ordinance 5447
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 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
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 5447
November 2. 2000
Page 3
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.
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.
Ordinance 5447
November 2, 2000
Page 4
INTRODUCED: November 6, 2000
PASSED: November 6, 2000
APPROVED: November 6, 2000
A. aeo-A
CHARLES A. BOOTH
MAYOR
ATTEST:
Dan Ile E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED: _//- /O -ad
Ordinance 5447
November 2, 2000
Pape 5
EXHIBIT A
PARCEL 53
TOTAL PARCEL:
Situated in the County of King, State of Washington, and described as
follows:
That portion of Lots 28 and 29 of White River valley Home Tracts,
according to the plat thereof recorded in volume 13 of Flats,
page 17, in King County, Washington, described as follows:
commencing at a monument marking the northeast corner of Lot 29 of
white River Valley Home Tracts, according to the plat thereof
recorded in volume 13 of Plats, page 17, in King County, Washington;
thence north 88.55" west 135.0 feet;
thence south 1058' west 96.0 feet to the TRUE POINT OF BEGINNING;
thence south 1058' west, 701.78 feet;
thence south 87.48'48" west, 151.94 feet; -
thence north 1041120" east, 711.92 feet;
thence south 08.23'47^ east, 155.0 feet to the point of beginning.
Ordinance 5447
Exhibit A
EXHIBIT B
PARCEL 53
FEE ACQUISITION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON, BEING THAT PORTION OF THE "TOTAL PARCEL", LYING NORTHERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT 'B" ST. NW. STATION 6+28.24,158.18 FEET RIGHT; THENCE EASTERLY TO
AUBURN WAY N. STATION 7+28.16,327.76 FEET LEFT, AND THE TERMINUS OF THIS DESCRIBED
LINE.
CONTAINS 1.04 ACRES MORE OR LESS.
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 5447
Exhibit B