HomeMy WebLinkAbout5452ORDINANCE NO.5 4 5 2
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 NORTHEASTERLY CORNER OF FRONTAGE
ROAD AND LOCATED AT 44TH STREET NORTHWEST, AUBURN, WA
98001, TAX PARCEL NUMBER 936000-0005 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.
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 No. 5452
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 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/or determination of just compensation for
damage or use of property is necessary and for a public purpose and use, i.e.
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 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.
Each of the above referenced exhibits is attached hereto and incorporated
herein by this reference as if fully set forth.
Ordinance No. 5452
November 2, 2000
Page 2
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 277" 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. 5452
November 2, 2000
Page 3
action 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 the 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 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. 5452
November 2, 2000
Page 4
INTRODUCED: November 6, 2000
PASSED: November 6, 2000
APPROVED: November 6, 2000
ska� ra- aV-4
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
J�ze&
Michael J. Reynolds,
City Attorney
PUBLISHED: _/l- fd'dd
Ordinance No. 5452
November 2, 2000
Page 5
EXHIBIT A
PARCEL 92
TOTAL PARCEL:
Situated in the County of King, State of Washington, and described as
follows:
Tract 1, White River Valley Homes Sites, according to the Plat
thereof recorded in Volume 13 of plats, page 17, in King County,
Washington;
EXCEPT that portion thereof lying went of a line beginning at a
point on the south line of said Tract 1, distance south 89005' east
159.43 feet from the southwest corner of said tract;
thence north parallel with the west line of said tract to the north
line thereof.
Ordinance 5452
Exhibit A
EXHIBIT B
PARCEL 92
FEE ACQUISITION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4
EAST, WILLAMETTE MERIDIAN, AND BEING THAT PORTION OF THE ABOVE DESCRIBED TOTAL
PARCEL, LYING WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE WESTERLY LINE OF THE ABOVE DESCRIBED TOTAL PARCEL, AT S. 277'
ST. STATION 24+37.00,2529.91 FEET RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF A
CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 178.00 FEET TO S. 277' ST.
STATION 25+98.98,2632.27 FEET RIGHT; THENCE EASTERLY TO S. 27711, ST. STATION 27+48.94,
2631.57 FEET RIGHT; THENCE SOUTHERLY TO S. 277'" ST. STATION 27+48.98, 2641.95 FEET RIGHT
AT THE SOUTHERLY LINE OF THE ABOVE DESCRIBED TOTAL PARCEL, AND THE TERMINUS OF
THIS DESCRIBED LINE.
CONTAINS 0.18 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 5452
Exhibit Qf