HomeMy WebLinkAboutITEM IV-A
CITY OF_
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Date:
Ordinance No. 6355 March 7, 2011
Department: Attachments: Budget Impact:
Public Works Ordinance No. 6355 $0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6355.
Background Summary:
Ordinance No. 6355 declares public use and necessity regarding the M Street Underpass Project and
authorizes condemnation action for property from 1129 6th Street SE.
A portion of this property is needed for roadway, sidewalks, and walls. The City has diligently pursued an
amicable settlement with the property owner but the property owner has become unresponsive. Upon
committee approval, this ordinance will be taken to the City Council meeting on March 21St for final action.
The time between committee approval and City Council consideration allows the City to provide advance
notice of the potential condemnation action at the City Council meeting to the property owner, in
accordance with State law.
W0321-2
A3.13.4
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ® Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
❑ Park Board ®Public Works ® Legal ❑ Police
❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
_
Referred to Until
Tabled Until
Councilmember: Wagner Staff: Dowd
Meeting Date: March 21, 2011 Item Number:
AUBURN * MORE THAN YOU IMAGINED
ORDINANCE NO. 6355
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON DECLARING
PUBLIC USE AND NECESSITY REGARDING THE
M STREET UNDERPASS PROJECT, AND
AUTHORIZING CONDEMNATION
WHEREAS, the City of Auburn is involved in a project to make certain
improvements to M Street within the City; and
WHEREAS, efforts have been made to obtain properties which need to be
acquired in connection with the project, including having the property appraised
and trying to negotiate reasonable amounts of compensation to be paid for the
property to be acquired; and
WHEREAS, those efforts have not been successful in securing the
acquisition of all of the property necessary for the Project; and
WHEREAS, because of the importance of the M Street Underpass Project
as a part of the City's infrastructure system, and because the improvements are
necessary to complete the project, and because of the importance of the
improvements to be made, the property to be acquired is necessary for the
project and for completion of the public uses of the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as follows:
Section 1. That the properties identified here below are necessary for
the M Street Underpass Project, and have a public use in connection with the
improvements to be made as a part of the Project.
LEGAL DESCRIPTIONS
RIGHT OF WAY ACQUISITION FROM PARCEL NO. 7116000835
All that portion of the below described PARENT PARCEL, being a portion of
Gov't Lot 14, in Section 18, Township 21 North, Range 5 East, W.M., in King
County, Washington, lying easterly of the following described line:
Ordinance No. 6355
February 25, 2011
Page 1 of 4
Beginning at the southeast corner of the below described PARENT PARCEL,
said point also being the intersection of the northerly margin of 6th Street SE and
the westerly margin of,`M' Street: SE, thence along said northerly margin North
89°57'4.1" West, 24.37. feet. to the TRUE POINT OF BEGINNING of the
hereinafter described line, thence North 32°07'03" East, 15.21 feet, thence North
00057'50" East, 107.31 feet to the northerly line of said PARENT PARCEL, and
the terminus of said line description, containing 2,037 square feet, more or less.
PERMANENT EASEMENT FROM PARCEL NO. 7116000835
All that portion of the below described PARENT PARCEL, being a portion of
Gov't Lot 14, in. Section 18, Township 21,_North, Range 5 East, W.M., in. King
County, Washington, described as follows:
Beginning at the southeast corner of the below described PARENT PARCEL,
said point also being the intersection of the northerly margin of 6th Street SE and
the westerly margin of Street SE, thence along said northerly margin North
89057'41" West; 24.37 --feet to the TRUE POINT OF BEGINNING, thence
continuing along said, northerly, margin North 89057'41" West, 7.08 feet, thence
North 32°07'03" East, ,18.16 . feet, -thence North 00°54'34°. East, 51.76 feet,
thence North 89005'26" West; 11.90 feet, thence North 00°57'50" East, 52.52 feet
to the northerly line of said PARENT PARCEL, thence along said northerly line
North 88°51'43" East. 17.51 feet, thence South 00°57'50" West, 107.31 feet,
thence South 32°07'03" West, 15.21 feet to the TRUE POINT OF BEGINNING,
containing 1,320 square feet, more or less.
TEMPORARY CONSTRUCTION EASEMENT FROM PARCEL NO. 7116000835
All that portion of the below described PARENT PARCEL, being a portion.of
Gov't. Lot 14, in 'Section 18, Township 21 North., Range 5,East, W.M., in. King
County, Washington, described as-follows:
Beginning at the southeast corner of the, below described PARENT PARCEL,
said point also being the intersection of the northerly margin of 6th Street SE and
the westerly. margin of `M' Street SE, thence along said northerly margin North
89°57'41"- West, 24.37 feet to the TRUE POINT OF BEGINNING, thence
continuing along said northerly margin North 89°57'41" West, 23.60 feet, thence
North 32°07'03" East, 23.02 feet, thence North 00054'34 East, 100.29 feet to the
northerly-line of said PARENT PARCEL, thence along said northerly line North
88°51'43" East; 19.67 feet, thence South 00°57'50" West, 107.31 feet, thence
South 32°07'03" West, 15:21 feet to the TRUE POINT OF BEGINNING,
containing 2,417 square feet, more or less.
Ordinance No. 6355
February 25, 2011
Page 2 of 4
PARENT PARCEL
Beginning at the southeast corner of Lot 9, Block 11, Railroad Addition to
Auburn; according -to, the plat thereof recorded in Volume 20 of Plats, page 35, in
King County, Washington; thence west along the south line of said Lot 9, a
'distance of 80.0 feet; thence north, along the line parallel with the east line of said
Lot 9, a distance of 82.0 feet, plus or minus, to the north line of Lot 10, block 11,
Railroad Addition to Auburn; thence northeast a distance of 37.4 feet, plus or
minus, to the north-line?of Lot 11,.Block 11, Railroad. Addition to Auburn; thence
east along the north line of said lot 11 a distance of 75.0.feet to the northeast
corner of said Lot 11, thence south along the east line of said Lot 11, said Lot 10,
and said Lot 9 a `distance of -120.54 feet to the point of beginning (also known as
Parcel k of City of Auburn Lot Line Adjustment Number LLS-00-0010, recorded
under King County recording number 2001:0322001220).
Property Owners: Andrew J. Benedetti and Karen L. Benedetti, husband & wife.
Property Address: 1129 6th Street SE, Auburn, WA 98002
Section 2. That the Mayor and/or his designees are authorized to
commence condemnation action to acquire the above identified - described
property.
Section 3. That the compensation to : be paid to the owners of the
property to be acquired by the condemnation action shall be paid from federal
right-of-way acquisition grant funds and/or City funds. budgeted, for the project.
.Section 4. That .if any provision of this Ordinance or its application to
any person or circumstance-is held invalid, the, remainder of this Ordinance or the
application of,.the. provision to other persons or circumstances shall not be
affected.
Section 5. Implementation. The . Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 6. 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. 6355
February 25; 2011
Page 3 of 4
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS; MAYOR
ATTEST:
Danielle E. Daskam; City Clerk
APPROVED AS TO FORM:
Daniel: B Heid, City Attorney
Published:
t
a
Ordinance No.'.6355
February 25; 2011
Page 4 bf 4 `