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Home My WebLink About04-18-2005 ITEM VIII-A-2i CITY OF *. AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Ordinance No. 5910 Date: April 5, 2005 Department: Attachments: Budget Impact: Public Works Ordinance No. 5910 $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance No. 5910. Background Summary: The City has been negotiating with property owners for the acquisition of property and property rights needed for Project No. C1006, 3r' and Cross Street Road Improvements. Several properties are affected and most were addressed for condemnation action in a previous ordinance. Should negotiations for the remaining property fail to reach final agreement, it will be necessary to acquire the property and property rights by eminent domain. This property is located at 305 A Street SE. Ordinance No. 5910 authorizes the acquisition of certain property and property rights by eminent domain, provides for the payment thereof, and authorizes the City Attorney to prepare a petition for condemnation and for the prosecution for the acquisition of such property and property rights. W0418-2 04.9.1 PR C1006, 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 M 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 _J/ _ Tabled Until _/_/_ Councilmember: Wagner Staff: Dowd Meeting Date: April 18, 2005 Item Number: VIII.A.2 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 5910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING PUBLIC USE AND NECESSITY REGARDING THE CITY OF AUBURN PROJECT NO. C1006, 3RD AND CROSS STREET ROAD IMPROVEMENTS, AND AUTHORIZING CONDEMNATION 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 of Auburn is involved in Project No. C1006, 3`" and Cross Street Road Improvements (the Project); and WHEREAS, efforts are being made to obtain properties which need to be acquired in connection with the Project, including having the property appraised and negotiating reasonable amounts of compensation to be paid for the property to be acquired; and WHEREAS, the state legislative policies and procedures in regard to negotiation, purchase, and relocation for these properties are closely adhered to; and WHEREAS, because of the importance of the Project as part of the City's transportation and infrastructure system, and because the improvements are necessary to complete the project, the property to be acquired is necessary for the project and for completion of the public uses of the Project; and Ordinance 5910 April 5, 2005 Page 1 WHEREAS, Ordinance No. 5888 already approved condemnation action for certain properties associated with the Project and indicated future ordinances may be required for other properties; and WHEREAS, authorization for condemnation action of additional property has become necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 1. That the property identified herein is necessary for City of Auburn Project No. C1006, 3rd and Cross Street SE Road Improvements, and have a public use in connection with the improvements to be made by the Project. 2. That the Mayor and/or designee(s) is/are authorized to commence condemnation action in the event negotiations fail to meet agreement, to acquire the property legally described in Exhibit "A," attached hereto and incorporated herein as if fully set forth, and to take such other action and/or implement such other administrative procedures as may be necessary to carry out the directives of this legislation. 3. That additional ordinances may be required in the future for properties not included in Exhibit "A" but necessary to the Project and of a public use and necessity. Ordinance 5910 April 5, 2005 Page 2 4. That the compensation to be paid to the owners of the property to be acquired by the condemnation action shall be paid from a combination of local funds and a Transportation Improvement Board funding agreement. 5. That 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. 6. That if any portion of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. 7. That 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: PASSED: 0»:Ti1►I:I PETER B. LEWIS MAYOR Ordinance 5910 April 5, 2005 Page 3 ATTEST: Danielle Daskam City Clerk APPR`61TED AS TO •tt A Ci�ty Attorney - Published: Ordinance 5910 April 5, 2005 Page 4 MRAP LLC PARCEL #395390-0005 PROPOSED RIGHT-OF-WAY TAKE AREA A PORTION OF LOT 1, BLOCK A, C.P. LACEY'S ADDITION TO THE TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 46, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89005'48" EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 99.99 FEET TO THE NORTHWEST CORNER OF LANDS CONVEYED TO THE CITY OF AUBURN IN DEED RECORDED UNDER RECORDING NO. 8510231022, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 44°00'37" EAST A DISTANCE OF 16.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 17.00 FEET (THE RADIUS CENTER BEARS SOUTH 78050'19" WEST), ALSO LYING ON THE WESTERLY LINE OF LANDS CONVEYED TO THE CITY OF AUBURN IN DEED RECORDED UNDER RECORDING NO. 7302160561, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTHERLY IN A CLOCKWISE DIRECTION ALONG SAID CURVE 4.11 FEET THROUGH A CENTRAL ANGLE OF 13°51'38'; THENCE SOUTH 02041'57" WEST A DISTANCE OF 7.64 FEET TO THE BEGINNING OF A NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 17.25 FEET (THE RADIUS CENTER BEARS SOUTH 80°28'21" WEST); THENCE NORTHWESTERLY IN A COUNTERCLOCKWISE DIRECTION ALONG SAID CURVE 21.39 FEET THROUGH A CENTRAL ANGLE OF 71002'47" TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 846.24 FEET; THENCE WESTERLY ALONG SAID CURVE 47.91 FEET THROUGH A CENTRAL ANGLE OF 03014'38" TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 638.83 FEET; THENCE WESTERLY ALONG SAID CURVE 13.78 FEET THROUGH A CENTRAL ANGLE OF 01014'09" TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 916.68 FEET; THENCE WESTERLY ALONG SAID CURVE 35.73 FEET THROUGH A CENTRAL ANGLE OF 02014'00" TO THE WEST LINE OF SAID LOT 1; THENCE NORTH 00°56'36" EAST ALONG SAID WEST LINE A DISTANCE OF 1.56 FEET TO THE POINT OF BEGINNING. TAKE AREA CONTAINS 510 SQUARE FEET (0.0117 ACRES), MORE OR LESS. [THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS NAD 83/91, BASED ON COORDINATES SUPPLIED BY INCA ENGINEERS FOR GEODETIC CONTROL PERFORMED IN 1995.] ORDINANCE 5910 EXHIBIT A PAGE 1 of 3 dr..Iiif ' PARCEL #395390-0005 PROPOSED UTILITY EASEMENT A PORTION OF LOT 1, BLOCK A, C.P. LACEY'S ADDITION TO THE TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 46, INKING COUNTY, WASHINGTON, DESCRIBED AS ` FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 00056'36" WEST ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 1,56 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00056'36" WEST ALONG SAID WEST LINE A DISTANCE OF 10.00 FEET; THENCE SOUTH 88056'20" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 00056'36" EAST A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 916.68 FEET (TIIE RADIUS CENTER BEARS SOUTH 01022'22" WEST); THENCE WESTERLY ALONG SAID CURVE 10.00 FEET THROUGH A CENTRAL ANGLE OF 00037'30" TO THE TRUE POINT OF BEGINNING. UTILITY EASEMENT CONTAINS 100 SQUARE FEET (0.0023 ACRES), MORE OR LESS. [THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS NAD 83/91, BASED ON COORDINATES SUPPLIED BY INCA ENGINEERS FOR GEODETIC CONTROL PERFORMED IN 1995.] ORDINANCE 5910 EXHIBIT A PAGE 2 of 3 0:� PARCEL #395390-0005 PROPOSED SIGNAL POLE EASEMENT A PORTION OF LOT 1, BLOCK A, C.P. LACEY'S ADDITION TO THE TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 46, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89005'48" EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 99.99 FEET TO THE NORTHWEST CORNER OF LANDS CONVEYED TO THE CITY OF AUBURN IN DEED RECORDED UNDER RECORDING NO. 8510231022, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTH 44°00'37" EAST A DISTANCE OF 16.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 17.00 FEET (THE RADIUS CENTER BEARS SOUTH 78050'19" WEST), ALSO LYING ON THE WESTERLY LINE OF LANDS CONVEYED TO THE CITY OF AUBURN IN DEED RECORDED UNDER RECORDING NO. 7302160561, RECORDS OF KING COUNTY, WASHINGTON; THENCE SOUTHERLY IN A CLOCKWISE DIRECTION ALONG SAID CURVE -4.11 FEET THROUGH A CENTRAL ANGLE OF 13°51'38'; THENCE SOUTH 02041'57" WEST A DISrTANCE OF 7.64 FEET TO THE BEGINNING OF A NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 17.25 FEET (THE RADIUS CENTER BEARS SOUTH 80°28'21" WEST); THENCE NORTHWESTERLY IN A COUNTERCLOCKWISE DIRECTION ALONG SAID CURVE 9.58 FEET THROUGH A CENTRAL ANGLE OF 31048'24" TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING IN A COUNTER CLOCKWISE DIRECTION ALONG SAID CURVE A DISTANCE OF 7.06 FEET THROUGH A CENTRAL ANGLE OF 23026'38'; THENCE SOUTH 36°34'36" WEST A DISTANCE OF 3.03 FEET; THENCE SOUTH 53'18'17" EAST A DISTANCE OF 7.00 FEET; THENCE NORTH 36041'43" EAST A DISTANCE OF 3.00 FEET TO THE TRUE POINT OF BEGINNING. SIGNAL POLE EASEMENT CONTAINS 23 SQUARE FEET (0.0005 ACRES), MORE OR LESS. [THE BASIS OF BEARINGS FOR THIS EASEMENT DESCRIPTION IS NAD 83/91, BASED ON COORDINATES SUPPLIED BY INCA ENGINEERS FOR GEODETIC CONTROL PERFORMED IN 1995.] ORDINANCE 5910 EXHIIBIT A PAGE 3 of 3