HomeMy WebLinkAbout5458ORDINANCE NO. 5 4 5 8
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 PROPERTY RIGHTS OF PROPERTY LOCATED AT 5103 "D" STREET
NW, AUBURN, WA 98001-2418, TAX PARCEL NUMBER 664960-0030
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, and for the public
benefit, to complete the purchase of property and relocation of inhabitants
related to City project PR 562; a public road construction project, 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 of property rights, and/or relocation for utility
Ordinance 5458
November 15, 2000
Page I
easements for these properties 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/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. The legal description of that portion of
Ordinance 5458
November 15, 2000
Page 2
the affected parcel that is to be taken and/or damaged for a temporary
construction easement is contained in Exhibit C. The legal description of that
portion of the
affected parcel that is to be taken or damaged for a perpetual non-exclusive
easement is contained in Exhibit D.
Each of the above referenced exhibits are 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 herein above 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 5458
November 15, 2000
Page 3
interested parties in the herein above 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,
Transportation Improvement Board 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.
Ordinance 5458
November 15, 2000
Page 4
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.
INTRODUCED: November 20, 2000
PASSED: November 20, 2000
APPROVED: November 20, 2000
citct',& Q . � � c-,
CHARLES A. BOOTH
MAYOR
Ordinance 5458
November 15, 2000
Page 5
ATTEST:
Dani Ile E. Daskam,
City Clerk
/_1»-000:1BYTI&SCHgo] VLV, A
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance 5458
November 15, 2000
Page 6
EXHIBIT A
PARCEL 24
TOTAL PARCEL:'
Situated in the County of King, State of Washington, and described as
follows:
Lot 3, Park 277, according to theplat thereof recorded in Volume 169 of
Plats, pages S6 through 61, inclusive, in icing County, Washington.
Ordinance 5458
EXHIBIT A
EXHIBIT B
PARCEL 24
FEE ACQUISTI'ION
ALL THAT CEATAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON, BEING THAT PORTION OF THE 'TOTAL PARCEL", LYING EASTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THE 'TOTAL PARCEL", AT "D" ST. NW
STATION 18+05.36, 29.99 FEET LEFT; THENCE WESTERLY TO "D" ST. NW STATION 18+05.42,
35.00 FEET LEFT; THENCE NORTHERLY TO "D" ST. NW STATION 19+05.07,35-00 FEET LEFT;
THENCE NORTHWESTERLY TO THE NORTHERLY LINE OF THE "TOTAL PARCEL" AT "D" ST.
NW STATION 19+40.70,48.10 FEET LEFT, AND THE TERMINUS OF THIS DESCRIBED LINE.
CONTAINS 0.2 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 5458
EXHIBIT B
EXHIBIT C
PARCEL 24
TEMPORARY CONSTRUCTION EASEMENT
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 EASTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT -A POINT ON THE EASTERLY LINE OF THE "TOTAL PARCEL", AT "D" ST. NW
STATION 18+05.36,29.99 FEET LEFT; THENCE WESTERLY TO "D" ST. NW STATION 18+05.42;'
35.00 FEET LEFT; THENCE NORTHERLY TO "D" ST. NW STATION 19+05.07, 35.00 FEET LEFT;
THENCE NORTHWESTERLY TO THE NORTHERLY LINE OF THE "TOTAL PARCEL" AT "D" ST.
NW STATION 19+40.70,48.10 FEET LEFT, AND THE TERMINUS OF THIS DESCRIBED LINE.
TEMPORARY EASEMENT:
AN EASEMENT IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, BEING
THAT PORTION OF THE '"TOTAL PARCEL", LYING WESTERLY OF THE ABOVE DESCRIBED FEE
ACQUISITION LINE, AND EASTERLY AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THE "TOTAL PARCEL", AT "D" ST. NW
STATION 16+42.05, 29.99 FEET LEFT; THENCE SOUTHWESTERLY TO "D" ST. NW STATION
16+41-80,48.00 FEET LEFT; THENCE NORTHWESTERLY, ALONG THE ARC OF A CURVE TO THE
RIGHT, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 348.00 FEET, TO "D" ST. NW
STATION 17+52.88,48.00 FEET LEFT; THENCE NORTHWESTERLY T01)" ST. NW STATION
17+58.68, 85.50 FEET LEFT; THENCE NORTHERLY TO "D" ST. NW STATION 18+09.18, 84.80 FEET
LEFT; THENCE NORTHEASTERLY TO "D" ST. NW STATION 18+28.59,70.45 FEET LEFT; THENCE
WESTERLY TO "D" ST. NW STATION 18+28.60,83.96 FEET LEFT; THENCE NORTHERLY TO 'D"
ST. NW STATION 18+43.60, 83.95 FEET LEFT; THENCE EASTERLY TO "D" ST. NW STATION
18+43.60,75.76 FEET LEFT; THENCE NORTHWESTERLY TO "D" ST. NW STATION 19+10.30,98.21
FEET LEFT; THENCE WESTERLY TO "D" ST. NW STATION 19+10.31, 112.11 FEET LEFT; THENCE
NORTHERLY TO S. 277TH ST. STATION 44+06.23, 68.99 FEET RIGHT; THENCE WESTERLY TO S.
277' ST. STATION 37+41.25, 68.95 FEET RIGHT; THENCE SOUTHWESTERLY TO S. 277TH ST.
STATION 37+17.01, 93.52 FEET RIGHT; THENCE WESTERLY TO THE EASTERLY BOUNDARY
Ordinance 5458
EXHIBIT C page 1
PARCEL 24
TEMPORARY CONSTRUCTION EASEMENT
(continued)
LINE OF THE "TOTAL PARCEL" AT S. 277TH ST. STATION 37+02.76,93.75 FEET RIGHT TO THE
WESTERLY BOUNDARY LINE OT THE "TOTAL PARCEL", 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 5458
EXHIBIT C Page 2
EXHIBIT D
PARCEL24
PERMANENT EASEMENT
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 EASTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT1:A POINT ON THE EASTERLY LINE OF THE "TOTAL PARCEL", AT "D" ST. NW
STATION 18+05.36,29.99 FEET LEFT; THENCE WESTERLY TO "D" ST. NW STATION 18+05.47,
35.00 FEET LEFT; THENCE NORTHERLY TO "D" ST. NW STATION 19+05.07, 35.00 FEET LEFT;
THENCE NORTHWESTERLY TO THE NORTHERLY LINE OF THE "TOTAL PARCEL" AT "D" ST.
NW STATION 19+40.70,48.10 FEET LEFT, AND THE TERMINUS OF THIS DESCRIBED LINE.
PERMANENT EASEMENT:
AN EASEMENT IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, BEING
THAT PORTION OF THE "TOTAL PARCEL", LYING WESTERLY OF THE ABOVE DESCRIBED FEE
ACQUISITION LINE, AND EASTERLY, NORTHERLY, AND WESTERLY OF THE FOLLOWING
DESCRIBED LINES:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THE 'TOTAL PARCEL", AT "D" ST. NW
STATION 17+87,88, 29.99 FEET LEFT; THENCE WESTERLY TO "D" ST. NW STATION 17+87.88,
45.56 FEET LEFT; THENCE NORTHWESTERLY TOM" ST. NW STATION 18+05.62,62.47 FEET
LEFT; THENCE NORTHERLY TO "D" ST. NW STATION 18+21.24, 62.47 FEET LEFT; THENCE
NORTHWESTERLY TO "D" ST. NW STATION 18+28-59,68.42 FEET LEFT; THENCE WESTERLY TO
"D" ST. NW STATION 18+28.60,83.96 FEET LEFT; THENCE NORTHERLY TO 'D" ST. NW STATION
18+43.60, 83.95 FEET LEFT; THENCE EASTERLY TO "D" ST. NW STATION 18+43.60, 75.76 FEET
LEFT; THENCE NORTHWESTERLY TO 'D" ST. NW STATION 19+10.30,98.21 FEET LEFT; THENCE
WESTERLY TOM" ST. NW STATION 19+10.31,112.11 FEET LEFT; THENCE NORTHERLY TO S.
277' ST. STATION 44+06.24, 57.50 FEET RIGHT; THENCE WESTERLY TO S. 277TH ST. STATION
42+69.84,57.50 FEET RIGHT; THENCE WESTERLY TO THE NORTHERLY BOUNDARY OF THE
"TOTAL PARCEL" AT S. 277TH ST. STATION 41+81.58,54.98 FEET RIGHT, AND THE TERMINUS OF
THIS DESCRIBED LINE;
ALSO BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE 'TOTAL PARCEL", AT S. 277TH
ST. STATION 41+63.71, $4.98 FEET RIGHT; THENCE SOUTHERLY TO S. 277TH ST. STATION
41+63.71, 64.98 FEET RIGHT; THENCE WESTERLY TO S. 277' ST. STATION 37+45.20,64.95 FEET
RIGHT; THENCE SOUTHWESTERLY TO S. 277TH ST. STATION 37+17.01, 93.52 FEET RIGHT;
THENCE WESTERLY TO THE EASTERLY BOUNDARY LINE OF THE 'TOTAL PARCEL" AT S. 277TH
ST. STATION 37+02.76,93.75 FEET RIGHT AND THE TERMINUS OF THIS DESCRIBED LINE;
Ordinance 5458
EXHIBIT D Page 1
PARCEL 24
PERMANENT EASEMENT
(continued)
ALSO BEGINNING AT A POINT ON THE WESTERLY LINE OF THE 'TOTAL PARCEL", AT S. 277TH
ST. STATION 37+03.51, 139.02 FEET RIGHT; THENCE SOUTHEASTERLY TO S. 277TH ST. STATION
37+20.61, 156.69 FEET RIGHT; THENCE SOUTHERLY TO S. 277TH ST. STATION 37+20.33,176.19
FEET RIGHT; THENCE WESTERLY TO THE WESTERLY BOUNDARY OF THE 'TOTAL PARCEL"
AT S. 277' ST. STATION 37+02.30,175.93 FEET RIGHT, 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 5458
EXHIBIT D Page 2