HomeMy WebLinkAbout5472ORDINANCE NO. 5472
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING ORDINANCE 5432 WHICH AUTHORIZED THE
ACQUISITION OF CERTAIN PROPERTY AND PROPERTY RIGHTS BY
EMINENT DOMAIN, PROVIDED FOR THE PAYMENT THEREOF;
AUTHORIZED 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 A PORTION OF SUCH PROPERTY AND PROPERTY RIGHTS LOCATED
AT 27617 VALLEY HWY SOUTH, TAX PARCEL NUMBER 936000-0191 TO
CORRECT THE PROPERTY DESCRIPTION AND TO AUTHORIZE
ACQUISITION OF ANY NECESSARY EASEMENTS AND/OR EASEMENT
RIGHTS AND PAYMENT FOR TWO TEMPORARY CONSTRUCTION
EASEMENTS 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 for purposes 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; and
Ordinance 5472
November 2, 2000
Page 1
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 PR562 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 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.
Ordinance 5472
November 2, 2000
Page 2
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 the
affected parcel that is to be taken and/or damaged for a temporary construction
easement is contained in Exhibit C.
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 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
Ordinance 5472
November 2, 2000
Page 3
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,
and Port of Tacoma Funding Agency Agreements and from City of Auburn
funds.
Section S. 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 S. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Ordinance 5472
November 2, 2000
Page 4
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 6, 2000
PASSED: November 6, 2000
APPROVED: November 6, 2000
Q,bAh& 14- (�d j
CHARLES A. BOOTH
MAYOR
ATTEST:
r
.:
City Clerk
APPROVED AS TO FORM:
City Attorney
PUBLISHED:1%-lD'OjJ
Ordinance 5472
November 2, 2000
Page 5
EXHIBIT A
PARCEL 58
TOTAL PARCEL:
Situated in the County of King, State of Washington, and described as
follows:
That portion of Tracts 30 and 31, White River Valley Home Tracts,
according to the plat thereof recorded in Volume 13 of Plats, page
17, in King County, Washington, described as follows:
Commencing at a concrete monument at the northwest corner of said
Tract 30;
thence along the west line of said Tract' 30, south 0°10'32" west
25.02 feet to a point on the south margin of South 276th Street, as
established by deed recorded under Recording Number 5904792, records
of said county, said point being the TRUE POINT OF BEGINNING;
thence along said margin south 81056106" east 82.10 feet to a point
opposite Highway Engineer's Station 276th Street West, 1+00 and 60
feet therefrom;
thence south 50005133" east 123.79 feet to a point opposite Highway
Engineer's Station 113+50 and 55 feet westerly therefrom as shown on
the map of State Road Number 5, Kent Bridge Approaches, King County,
said point being on a 2919.79 foot radius curve concave to the
northeast with a radial through said point bearing north 67016159"
east;
thence southeasterly along said curve a distance of 203.51 feet to
its intersection with a line which bears south 89049128" east from a
point which is 300 feet south of the northwest corner of said Tract
30 and on the west line thereof;
thence north 89049128" west 262.16 feet to the west line of said
Tract 30;
thence north 0010132" east along said west line 274.98 feet to the
TRUE POINT OF BEGINNING.
Ordinance 5472
Exhibit A
EXHIBIT B
PARCEL 58
FEE ACQUISMON
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON, AND BEING THAT PORTION OF THE 'TOTAL PARCEL", LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE WESTERLY LINE OF THE 'TOTAL PARCEL", AT 5.277T'l ST. STATION
58+51.01, 79.29 FEET RIGHT; THENCE NORTHEASTERLY TO S.277TH ST. STATION 59+56.39,69.33
FEET RIGHT, AT THE NORTHEASTERLY LINE OF SAID 'TOTAL PARCEL", AND THE TERMINUS OF
THIS DESCRIBED LINE.
CONTAINS 0.08 ACRES MORE OR LESS
THE STATIONING REFERENCED IS RELATED TO THE STATIONING LINES SHOWN ON THAT
CERTAIN RECORD OF SJRVEY 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 5472
Exhibit B
EXHIBIT C
PARCEL 58
TEMPORARY CONSTRUCTION EASEMENT
FEE ACQUISITION:
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON, AND BEING THAT PORTION OF THE "TOTAL PARCEL", LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE WESTERLY LINE OF THE "TOTAL PARCEL", AT S.277T ST. STATION 58+51.01, 79.29
FEET RIGHT; THENCE NORTHEASTERLY TO S.277TH ST. STATION 59+56.39,69.33 FEET RIGHT, AT THE
NORTHEASTERLY LINE OF SAID "TOTAL PARCEL", AND THE TERMINUS OF THIS DESCRIBED LINE.
TEMPORARY CONSTRUCTION EASEMENT:
AN EASEMENT IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON, BEING
THAT PORTION OF THE "TOTAL PARCEL", LYING SOUTHERLY OF THE ABOVE DESCRIBED FEE
ACQUISITION PARCEL; AND NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTHEASTERLY BOUNDARY OF THE ABOVE DESCRIBED
TOTAL PARCEL, AT AUBURN WAY N. STATION 7+67.14,55.00 FEET LEFT; THENCE
NORTHWESTERLY TO AUBURN WAY N. STATION 7+98.80,62.94 FEET LEFT; THENCE
NORTHWESTERLY TO AUBURN WAY N. STATION 8+30.54,62.28 FEET LEFT; THENCE
SOUTHWESTERLY TO AUBURN WAY N. STATION 8+30.92,88.17 FEET LEFT; THENCE
NORTHWESTERLY TO AUBURN WAY N. STATION 9+14.20, 88.49 FEET LEFT; THENCE
NORTHEASTERLY TO AUBURN WAY N. STATION 9+14.57,67.84 FEET LEFT, AT THE
NORTHEASTERLY BOUNDARY OF THE ABOVE DESCRIBED TOTAL PARCEL; THENCE ALONG
SAID NORTHEASTERLY BOUNDARY OF THE ABOVE DESCRIBED TOTAL PARCEL,
NORTHWESTERLY TO AURURN WAY N. STATION 9+57.74,91.53 FEET LEFT TO A LINE THAT IS
PARALLEL WITH AND 10.00 FEET SOUTHEASTERLY OF THE SOUTHERLY LINE OF THE ABOVE
DESCRIBED FEE ACQUISITION PARCEL; THENCE ALONG SAID PARALLEL LINE,
SOUTHWESTERLY TO S. 277TH ST. STATION 58+50.53, 89.40 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 INC:
NUMBER 19990708900014, KING COUNTY RECORDS.
Ordinance 5472
Exhibit C