HomeMy WebLinkAbout5522ORDINANCE NO.5 5 2 2
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 DESIGNATED AS THE SOUTHERNMOST 30 FEET OF THIS
PROPERTY, THIS AREA COMPRISING A PART OF THE NORTH HALF OF
42ND STREET NW RIGHT-OF-WAY. THE SUBJECT PROPERTY ADDRESS
IS 4230 'B' STREET NW, TAX PARCEL NUMBER 936000-0092.
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 policies and procedures in regard to negotiation,
purchase, and relocation for these properties is governed by federal legislation
and are strictly adhered to; and
WHEREAS, negotiations have failed to reach agreement, the City
Attorney is authorized to prepare petitions for condemnation to be filed in the
King County Superior Court for the acquisition of parcels as it becomes
necessary for the completion of public street right of way along 42nd Street N.W.
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 is necessary and for a public purpose and use, i.e.
Ordinance 5522
March 6, 2001
Page 1
completion of public street right of way along 42nd Street N.W. The properties
to be acquired are legally described and shown in Exhibit "A", attached hereto
and incorporated herein 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 meet agreement, against the owner and
all other parties in interest in the hereinabove described lands and
improvements, if any, 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 aforedescribed 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 by the City of Auburn.
Section 4. Compensation for the acquisition of said property and
property rights shall be from the City of Auburn Arterial Street Fund 102.
Ordinance 5522
March 6, 2001
Page 2
Section 5. Constitutionality or Invalidity. If any section, subsection,
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or 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 5522
March 6, 2001
Page 3
INTRODUCED: March 19, 2001
PASSED: March 19, 2001
APPROVED: March 19, 2001
c moo
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance 5522
March 6, 2001
Page 4
EXHIBIT `A'
IDENTIFICATION
There is one subject property under one ownership. This property is located along the
north side of 42nd Street NW, east of `B' street NW, Auburn. The subject acquisition
area consists the southernmost 30 feet of this property, this area comprising the north half
of the 42"d street NW right of way. The subject property address is:
Ostensible Owners
Legal Description
Parcel B - 4230 `B' Street NW, and
Parcel B - Greg S. & Maria DC Wood
Lot 3 (Parcel B) of:
City of Auburn Short Plat Number 6-86, recorded under Recording Number 8805240946,
said Short Plat described as follows: Tract 17, White River Valley Home Tracts,
according to the plat thereof recorded in Vol. 13 of Plats, page 17, in King County, WA
TOGETHER WITH an easement for ingress, egress and utilities as delineated and
described in said short plat.
The subject acquisition area consists of THE SOUTH 30.00 FEET OF LOT 3 OF CITY
OF AUBURN SHORT PLAT NUMBER SP-06-86 AS RECORDED UNDER KING
COUNTY AUDITOR'S FILE NUMBER 8805240946.
CONTAINING 4,900 SQUARE FEET
Tax Account Numbers
Parcel B - 936000-0092
Ordinance 5522
Exhibit A
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Exhibit A
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