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HomeMy WebLinkAbout5502ORDINANCE NO. 5 5 0 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING ORDINANCE 5449, WHICH AUTHORIZED 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, 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 SUCH PROPERTY AND PROPERTY RIGHTS OF PROPERTY LOCATED AT 27605 781h AVENUE SOUTH, KENT, WA 98032, TAX PARCEL NUMBER 000680-0004 AS 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. 5502 January 12, 2001 Page 1 Milo property owners related to City project PR 562 are governed by federal and state legislation and are strictly adhered to; and WHEREAS, the City Council passed Ordinance 5449, which authorized the acquisition of certain property and/or property rights from the owners of property located at 27605 78th Avenue South, Kent, WA 98032 (Tax Parcel Number 000680-0004), 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 such property and property rights of, and WHEREAS, the property located at 27605 78`h Avenue South, Kent, WA 98032 is listed on the King County Historic Resource Inventory and was the subject of a Memorandum of Agreement between the U. S. Department of Transportation, Federal Highway Administration and the Washington State Historical Preservation Officer, which was concurred with by the City of Auburn, King County Office of Cultural Resources, and Washington State Department of Transportation, and which called for, among other things, relocation of the Thomas -Nelson farm house, a dwelling located on the property and documentation of the property's historic significance; and WHEREAS, because of the property owner's objection to the proposed relocation of the house, the City has obtained or will obtain permission from the Ordinance No. 5502 January 12, 2001 Page 2 entities listed in the previous paragraph to build project PR562 without relocating the dwelling as long as certain conditions are met; and WHEREAS, a permanent easement that the City of Auburn proposed in Ordinance 5449 has been redrawn to decrease its size, in contemplation of the City's intent not to relocate the dwelling, and WHEREAS, counsel selected by the City Attorney has filed a petition for condemnation in the King County Superior Court for the acquisition of the property and property rights described above and the Court entered a judgment adjudicating Public Use and Necessity on December 1, 2000. NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The property located at 27,505 78th Avenue South, Kent, WA 98032 (Tax Parcel Number 000680-0004) is listed on the King County Historic Resource Inventory and was the subject of a King County Historic Resource Inventory and was the subject of a Memorandum of Agreement between the U. S. Department of Transportation, Federal Highway Administration and the Washington State Historical Preservation Officer, which was concurred with by the City of Auburn, King County Office of Cultural Resources, and Washington State Department of Transportation, and which called for, among other things, relocation of the Thomas -Nelson farm house, a Ordinance No. 5502 January 12, 2001 Page 3 dwelling located on the property, and documentation of the property's historic significance. The property owner objected to the proposed relocation of the Thomas - Nelson farmhouse. Because of the objection, the City has obtained or will obtain permission from the entities listed in the previous paragraph to build project PR562 without relocating the Thomas -Nelson farmhouse as long as certain conditions are met. A permanent easement that the City of Auburn proposed in Ordinance 5449 has been redrawn to decrease the arnount of easement in contemplation of the City's intent not to relocate the house. 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 City Council finds that the easement it sought to acquire from the property owner should be modified so that it does not impact the Thomas -Nelson farmhouse, which will not be relocated under PR562. 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 in fee and that portion that is to be taken for a perpetual nonexclusive easement is attached as Exhibit B hereto. The Ordinance No. 5502 January 12, 2001 Page 4 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. Counsel selected by the City Attorney has filed a petition for condemnation in the King County Superior Court for the acquisition of the property and property rights described above, as well as a judgment adjudicating Public Use and Necessity on December 1, 2000. Counsel is hereby authorized and directed as follows: To 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, including a right of entry for appraisal and historic documentation purposes. 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. 5502 January 12, 2001 Page 5 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, the Transportation Improvement Board, 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. 5502 January 12, 2001 Page 6 INTRODUCED: Januar, 16, 2001 PASSED: January 16, 2001 APPROVED: January 16, 2001 C a. Qo-� CHARLES A. BOOTH MAYOR ATTEST: A&Q,-0 Lj'-� Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: /-d-o/ Ordinance No. 5502 January 12, 2001 Page 7 EXHIBIT A PARCEL9 TOTAL, PARCEL: Situated in the County of King, State of Washington, and described as follows: That portion of the south 891 feet of John M. Thomas Donation Lund Claim No. 42 in Section 36, Township 22 North, Range 4 East, W.M., in King County, Washington, lying north of South 277th Street as conveyed to King County by instrument recorded under Recording Number 4714891, records of King County, Washington, and lying east of Chicago, Milwaukee, St. Paul G Pacific Railway Co. right-of-way, and lying west of Northern Pacific (Burlington Northern Railway Co. right-of-way); EXCEPT the west 30 feet of the south 300 feet thereof; ALSO EXCEPT the following described parcel: Beginning at the northeast corner of the above-described wain tract; ,.thence south 00.40'19" west along the west line of said Northern Pacific Railway Co. right-of-way 258.89 feet to a point 956 feet south of the north line of said Section 36 and the TRUS POINT OF BEGINNING, thence north 89.19'41" west 100 feet; thence south 00040119" west 140.70 feet; thence south 61°07'49" west 120 -feet, more or less, to tbn southeasterly margin of 78th Avenue South (County Road No. 76), tkence southeasterly along said margin to the north margin of said South 277th Street; thence easterly along said margin to the west line of said Northern Pacific Railway Co. right-of-way; thence north 00.40'19" east along said line to the TRUE POINT OF BEGINNING; ALSO EXCEPT the following described parcel: Beginning at the intersection of the northerly margin of said South 277th Street with the southwesterly margin of said 78th Avenue South (county Road No. 76), as now located; thence westerly along said northerly margin of said South 2771th Street 300 feet; thence northerly at right angles 235 feet; thence easterly parallel with the northerly margin of said South 277th Street to an intersection with the southwesterly margin of said 78th Avenue South; thence southeasterly along said margin to the point of beginning; ALSO EXCEPT right-of-way for 7eth Avenue South (county Road No. 76); Ordinance 5502 Exhibit A EXHIBIT B PARCEL 9 PERMANENT EASEMENTS FEE ACQUISITION: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON, AND BEING THOSE PORTIONS OF THE "TOTAL PARCEL", LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINES: PARCEL A: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE "TOTAL PARCEL", AT S. 277TH ST. STATION 37+33.48, 35.00 FEET LEFT; THENCE EASTERLY TO S. 2771", ST. STATION 37+71.00, 35.00 FEET LEFT; THENCE SOUTHERLY TO S. 277TH ST. STATION 37+71.00,30.051 LEFT, AT THE SOUTH LINE OF SAID "TOTAL PARCEL", AND THE TERMINUS OF THIS DESCRIBED LINE. PARCEL B: ALSO BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL", AT S. 277" ST. STATION 40+61.04, 30.03 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION 42+69.93, 36.00 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 44+00.14,36.00 FEET LEFT; THENCE NORTHEASTERLY TO 78TH AVE S. STATION 20+25.38, 58.73 FEET LEFT; THENCE NORTHEASTERLY TO 78TH AVE S. STATION 20+47.68, 57.41 FEET LEFT; THENCE NORTHEASTERLY TO 78TH AVE S. STATION 20+55.09,57.74 FEET LEFT; THENCE NON TANGENT TO THE PRECEDING COURSE, NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT,CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 171.00 FEET, TO 78TH AVE S. STATION 21+87.45,48.55 FEET LEFT; THENCE NON -TANGENT TO THE PRECEDING CURVE, NORTHEASTERLY ON A STRAIGHT LINE TO 78TH AVE S. STATION 22+90.93,45.35 FEET LEFT, AT THE EASTERLY LINE OF SAID TOTAL PARCEL, AND THE TERMINUS OF THIS DESCRIBED LINE. PARCEL C: ALSO BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL", AT 78h AVE S. STATION 24+10.41, 30.00 FEET LEFT; THENCE NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT, CONCAVE WESTERLY, HAVING A RADIUS OF 175.00 FEET, TO 78TH AVE S. STATION 26+59.77,30.07 FEET LEFT; THENCE NON -TANGENT TO THE PRECEDING CURVE, NORTHEASTERLY TO 78TH AVE S. STATION 26+59.77,19.46 FEET LEFT, AT THE NORTHEASTERLY LINE OF THE "TOTAL PARCEL' AND THE TERMINUS OF THIS DESCRIBED LINE. PERMANENT EASEMENTS AN EASEMENT IN THE COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE "TOTAL PARCEL', LYING NORTHERLY AND WESTERLY OF THE ABOVE DESCRIBED FEE ACQUISITION LINES, AND SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINES: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE "TOTAL PARCEL', AT S. 277TH ST. STATION 37+33.59, 54.64 FEET LEFT; THENCE NORTHEASTERLY TO S. 277TH ST. STATION 37+48.66,66.15 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 38+61.88,66.38 FEET Ordinance 5502 Exhibit B PARCEL9 PERMANENT EASEMENTS (CONTINUED) LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 39+75.40,66.61 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 40+00.40,65.61 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 40+74.81, 65.61 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 42+74.78, 70.75 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 43+93.99, 70.75 FEET; THENCE NORTHEASTERLY TO S. 277TH ST. STATION 43+96.43, 72.36 FEET LEFT; THENCE NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT,CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 75.00 FEET, TO S. 277TH ST. STATION 44+18.53, 82.27 FEET LEFT; THENCE NORTHEASTERLY TO 78TH AVE S. STATION 20+44.39,100.66 FEET LEFT; THENCE NORTHEASTERLY TO 78TH AVE S. STATION 20+52.16,102.42 FEET LEFT; THENCE NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE RIGHT,CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET, TO 78TH AVE S. STATION 22+05.14,91.09 FEET LEFT; THENCE EASTERLY TO 78TH AVE S. STATION 23+02.25, 73.03 FEET LEFT, AT A POINT ON THE EASTERLY LINE OF SAID "TOTAL PARCEL", AND THE TERMINUS OF THIS DESCRIBED LINE. ALSO BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THE "TOTAL PARCEL" AT 78TH AVE S. STATION 23+07.41, 82.76 FEET LEFT; THENCE NORTHEASTERLY, ALONG THE ARC OF A CURVE TO THE LEFT,CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 130.00 FEET, TO 78TH AVE S. STATION 24+30.96, 66.91 FEET LEFT; THENCE EASTERLY TO 78TH AVE S. STATION 24+53.58, 37.18 FEET LEFT; THENCE NORTHERLY TO 78TH AVE S. STATION 25+52.28, 57.41 FEET LEFT; THENCE NORTHWESTERLY, ALONG THE ARC OF A CURVE TO THE LEFT,CONCAVE WESTERLY, HAVING A RADIUS OF 130.00 FEET, TO 78TH AVE S. STATION 26+60.77, 57.75 FEET LEFT; THENCE NORTHEASTERLY TO THE NORTHEASTERLY LINE OF SAID "TOTAL PARCEL" AT 78TH AVE S. STATION 27+02.10,19.34 FEET LEFT. 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 5502 Exhibit B EXHIBIT C PARCEL 9 TEMPORARY CONSTRUCTION EASEMENT AN EASEMENT IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON, BEING THAT PORTION OF THE'TOTAL PARCEL", LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT S. 277TH ST. STATION 38+61.88, 66.38 FEET LEFT; THENCE NORTHERLY TO S. 277TH ST. STATION 38+61,86,76.38 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 39+75.59, 76.61 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 40+00.60,75.61 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 40+74.68,75.61 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 42+74.66, 80.75 FEET LEFT; THENCE EASTERLY TO S. 277TH ST. STATION 43+90.99,80.75 FEET LEFT; THENCE NORTHEASTERLY ALONG A NON -TANGENT CURVE TO THE RIGHT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET, TO 78TH AVE. SO. STATION 20+35.20,130.29 FEET LEFT; THENCE NORTHEASTERLY TO 78TH AVE. SO. STATION 20+46.84, 111.18 FEET LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 210.00 FEET, TO 78TH AVE. SO. STATION 22+06.94,100.75 FEET LEFT; THENCE EASTERLY TO 78TH AVE. SO. STATION 23+07.82, 82.37 FEET LEFT AT A POINT ON THE EASTERLY LINE OF 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 5502 Exhibit C