HomeMy WebLinkAboutORD 6233ORDINANCE NO. 6 2 3 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, DECLARING PUBLIC USE
AND NECESSITY REGARDING ACQUISITION OF
PROPERTY TO PROVIDE ACCESS TO A FUTURE SITE
FOR CITY-OWNED FACILITIES, AND AUTHORIZING
CONDEMNATION
WHEREAS, the City of Auburn owns property on which it intends to locate
a future facility ("City Property"), identified as King County Tax Parcel No.
2521049114; and
WHEREAS, the City Property is landlocked and has no direct access to a
public right-of-way; and
WHEREAS, the City owns a second property abutting "C" Street SW (King
County Tax Parcel No. 2521049115), which is separated from the City Property
by property owned by The Safeway Company, Inc.; and
WHEREAS, the City has made efforts to obtain a 1.2 acre portion of the
Safeway property ("Safeway Parcel"), including having the property appraised
and trying to negotiate a reasonable amount of compensation to be paid for the
Safeway Parcel; and
WHEREAS, while on-going, those efforts have not been successful at this
point in time in securing the acquisition of the Safeway Parcel; and
WHEREAS, although there may be interest by Safeway to work toward
agreement whereby the City may acquire the Safeway Parcel, passage of this
ordinance will allow the City to continue moving forward with the condemnation
process while the negotiation process is pursued.
Ordinance No.
April 2, 2009
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as foliows:
Section 1. Declaration of Necessity. That the property identified herein
is necessary for access to the City Property, and has a public use in connection
with the use of the City Property as a public-owned facility.
Section 2. Authorization for Condemnation. That the Mayor and his
designees are authorized to commence condemnation action to acquire the
property being a portion of King County Tax Parcel No. 2521049096, as legally
described and depicted in Exhibit "A," attached hereto and incorporated by
reference.
Section 3. Authorization for Administrative Action. That the Mayor
and/or designee(s) is/are further authorized to take such other action and/or
implement such other administrative procedures as may be necessary to carry
out the directives of this legislation.
Section 4. Compensation from Capital Projects Fund. That the
compensation to be paid to the owners of the property to be acquired by the
condemnation action shall be paid from the Capital Projects Fund of the City.
Section 5. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
Ordinance No.
April 2, 2009
Page 2
Section 6. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FO
id, 'City Attorney
Published:
Ordinance No.
April 2, 2009
Page 3
Exhibit A
LEGAL DESCRIPTION OF THE 1.2 ACRE SAFEWAY PARCEL
That portion of the Northeast quarter of Section 25, Township 21 North, Range 4
East, Willamette Meridian, King County, Washington, more particularly described
as follows;
The North 430 feet of Lot 1 of the City Of Auburn Lot Line Adjustment No.
LLA02-0015, as recorded under recording no. 20020725001632, records of said
county, as measured perpendicular to the most Northerly line of said Lot 1, said
most Northerly line Bearing South 89° 12' 14" East, a distance of 57.79 feet.
S 89'12' 1 d" e"
57.79'
ra oi-e6'42" w
$2.34'
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F-xhibit for 1.2 Acre Safeway Parcel
E7CHBlT MAP TO ACCOMPANY LEGAL DESCRIPTf4N
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GtTY Of'" AUBURFi PUBUr WOW.KS ~~atUB~y Il~ 2i~8
25 VrEST MAIfi! S?REET
n11$UPN, WA 58043
Ordinance No.
April 2, 2009
Page 4