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Home My WebLink About5463ORDINANCE NO. 5 4 6 3 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 IN PROPERTY LOCATED IN THE VICINITY OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD GRADE CROSSING AT SOUTH 277T11 STREET, KENT, WA, TAX PARCEL NUMBERS 000680-0006 AND 000680-0009, THAT 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 Ordinance No. 5463 November 20, 2000 Page 1 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/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 City Council finds that the following properties and/or property rights should be acquired and/or damaged or used for Reconstruction Project (PR 562): An aerial easement affecting Tax Parcels 000680-0006 and 000680- 0009, which is legally described at Exhibit A hereto. Ordinance No. 5463 November 20, 2000 Page 2 A temporary construction easement affecting Tax Parcels 000680-0006 and 000680-0009, which is legally described at Exhibit B hereto. Each of the above referenced easements is graphically depicted on Exhibit C hereto. Each Exhibit is 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 Ordinance No. 5463 November 20, 2000 Page 3 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, from Transportation Improvement Board, and from City of Auburn funds. In addition, the City is authorized to convey by quitclaim deed the at -grade crossing easement of approximately 3,530 square feet, which is owned by the City, to the Condemnee(s), as an offset/credit against the compensation to be paid, and the Mayor is hereby authorized to execute a quit claim deed therefor. 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. 5463 November 20, 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: Novenber 20, 2000 CHARLES A. BOOTH MAYOR ATTEST: � _ anielle E. Daskam, City Clerk Aff ROVED A TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: 1114410 Ordinance No. 5463 November 20, 2000 Page 5 EXHIBIT A BNRR AERIAL EASEMENT PARCELS 14 & 33 EASEMENT DESCRIPTION AN EASEMENT IN THE 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 100 FOOT WIDE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 50+97.46 42.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT S. 277TH ST. STATION 51+97.46, 42.50 FEET LEFT; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO S. 277' ST. STATION 51+97.67,52.00 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID RIGHT OF WAY, AT S. 277TH ST. STATION 50+97.67,52.00 FEET RIGHT; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. THE BOTTOM PLANE OF THE VERTICAL SPACE CONTAINED WITHIN SAID EASEMENT SHALL BE AT ELEVATION 40.00 FEET, AND THE TOP PLANE SHALL BE AT ELEVATION 110.00 FEET. THESE ELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM OF 1929, USING AS A BENCH MARK THE BRASS SURFACE MONUMENT AT S. 277TH ST. AND D STREET NW, SAID BRASS SURFACE MONUMENT HAVING AN ELEVATION OF 46.20 FEET. 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 5463 Exhibit A EXHIBIT B 13NRR TEMPORARY CONSTRUCTION EASEMENT PARCELS 14 & 33 EASEMENT DESCRIPTION AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING A PORTION OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, AND BEING A PORTION OF THE 100 FOOT WIDE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID RIGHT OF WAY, AT "B" ST. NW STATION 3+79.95,27.15 FEET LEFT; THENCE WESTERLY TO "B" ST. NW STATION 3+79.95,30.15 FEET LEFT; THENCE NORTHERLY TO S. 277TH ST. STATION 51+94.75, 87.45 FEET RIGHT; THENCE NORTHWESTERLY TO S. 277TH ST. STATION 51+84.72, 72.00 FEET RIGHT; THENCE WESTERLY TO THE WESTERLY LINE OF SAID.RIGHT OF WAY, AT S. 277TH ST. STATION 50+97.72,72.00 FEET RIGHT; THENCE NORTHERLY TO S. 277TH ST. STATION 50+97.41, 62.50 FEET LEFT; THENCE EASTERLY TO THE EASTERLY LINE OF SAID RIGHT OF WAY AT S. 277TH ST. STATION 51+97.41, 62.50 FEET LEFT; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING. 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 5463 Exhibit B 61.50' LT K/ N G C O U N T Y C I T Y O F A U B U R N 'REALIGNED' SOUTH 277TH STREET S8912'24'E 277 STA. 50+97.67. 51.00' RT rR/W OPEA�A�IAGE/UNDS6APE EASEMENT _ — cm COLORADO PARK 277 CORP. 681960-0010 LEGEND CRIMMON I MOMMEW OUnEIE PA80 SM RMlW W-WAT REM FOO CONSTRUCTION 9UnM1E OT EINF RAVENEWFOR BROKE AN EFF1IUMS OAl COrETucnoN (T0.1M EF) - rURCwr of •TAME[ COOSUMSN SSIN SASSIIS BY CRT (3.5110(3.5110OF) ,O ) e I ^cll�sl C Ordinance 5463 Exhibit C City of Auburn PUBL[ WORKS DEPARTMENT SOUTH 277th STREET BNSF SURFACE & CROSSING EASEMENTS 9C19ma mx* 277 STA. 51+9740 (a) 68.IJ LTLT CARPIN/TO MIKE 000680-0002 TCE _ __ 277 STA 51+97.45. 4 6.1- L ---ro— 19 r—r------ 52.00' RT MARY 7-0185