HomeMy WebLinkAbout5453ORDINANCE NO. 5 4 5 3
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 OF PROPERTY LOCATED AT 7728 SOUTH 277h STREET, KENT,
WA 98032, TAX PARCEL NUMBERS 000680-0029 AND 000680-0032 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
property owners related to City project PR 562 is governed by federal and state
legislation and are strictly adhered to; and
Ordinance No. 5453
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 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 in Exhibit A.
This exhibit is attached hereto and incorporated herein by this reference as if
fully set forth.
Ordinance No. 5453
November 2, 2000
Page 2
&action 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 No. 5453
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 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. 5453
November 2, 2000
Page 4
INTRODUCED: November 6, 2000
PASSED: November 6, 2000
APPROVED: November 6, 2000
CHARLES A. BOOTF-
T
MAYOR
ATTEST:
Aa'�t�' I LJ4�-�
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
.0o —W—i4—
Michael J. Reynolds,
City Attorney
PUBLISHED: 11-14-6-0
Ordinance No. 5453
November 2, 2000
Page 5
EXHIBIT A
That portion of the John M. Thomas Donation Land Claim Number 42, in
Section 36, Township 22 North, Range 4 East, W.M., in King County,
Washington, described as follows:
PARCEL A
Beginning at the intersection of the northerly margin of South 277th
Street as conveyed to King County by instrument recorded under
Recording Number 4714891, records of King County, with the
southwesterly margin of 78th Avenue South (County Road Number 76) as
now located;
thence westerly along said northerly margin of South 277th Street, a
distance of 300 feet;
thence at right angles northerly a distance of 200 feet;
thence easterly parallel to the northerly margin of said South 277th
Street to an intersection with the southwesterly margin of 78th
Avenue South;
thence southerly along said margin to the point of beginning;
EXCEPT the easterly 100 feet thereof as measured at right angles to
the southwesterly margin of 78th Avenue South (County Road Number
76) and parallel thereto.
PARCEL B:
The easterly Soo feet as measured at right angles to the
southwesterly margin of 78th Avenue South (County Road Number. 76)
and parallel thereto, of the above described Parcel A.
Ordinance 5453
Exhibit A