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HomeMy WebLinkAbout3551l ORDINANCE NO. 3 5 5 1 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, RELATING TO AND PROVIDING FOR THE COMMENCEMENT OF AN ACTION TO QUIET TITLE TO THAT PORTION OF 40TH STREET N.E., SITUATED ON THAT PORTION OF LAND LYING UPON THE HARVEY H. JONES DONATION LAND CLAIM NO. 39, AND SITUATED WITHIN THE CITY LIMITS OF THE CITY OF AUBURN, STATE OF WASHINGTON. WHEREAS, on May 20, 1957, by King County Resolution No. 17338 by majority vote determined that the establishment of a road to be known as,South 289th Street as a 60 foot wide street is a public necessity and directed the County Engineer to make an examination of said road an&make a report upon same as required by law; and WHEREAS, on July 1, 1957, after public hearing, the County Commissioners for King County established 289th Street (now known as 40th Street N.E.) as a County road 60 feet in width; and WHEREAS, on March 17, 1959, by City Ordinance No. 1300, this area was annexed to the City of Auburn, which included 40th Street N.E.; and WHEREAS, on July 6, 1966, Mr. Myron Massey, owner of the property on both sides of the existing 34 feet dedicated the north portion to the City for street purposes. Said strip of land was 29.7 feet in width and 698.64 feet in length; and WHEREAS, the City of Auburn, since March 17, 1959, has exclusively and continuously utilized the land here in question, including but not limited to, clearing, grading, applying gravel thereon, and maintaining in a manner which is found to be of an open, adverse and notorious nature; and WHEREAS, the City of Auburn has utilized the land herein for an uninterrupted period since March 17, 1959; and Ordinance No. 3551 Page 1 9/10/80 WHEREAS, the City of Auburn feels it would be entitled to claim a right-of-way through prescription upon the land described herein; and WHEREAS, the City of Auburn deems it to be in the best interest of the public to authorize the law firm of Harpold, Hanis, Combs & Fiori to commence an action to quiet title for the purpose of establishing said right-of-way upon the land described herein; and WHEREAS, the City of Auburn also finds that the owner of the land, Thelma P. Harmon, and her predecessors in interest, have acted in such a fashion so as to impliedly dedicate said land to the.public for the use and establishment of a City street; and WHEREAS, the City Council finds that the public health and welfare and public necessity would be best served by improving the land herein affected, that public condemnation proceedings should be immediately commenced, and that said proceedings should be commenced by the law firm of Harpold, Hanis, Combs & Fiori; THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That title to the following described land located in the County of King, State of Washington, and more particularly described as follows: The South 34 feet of the North 63.7 feet of the South 310.94 feet of the North 1634.24 feet of the East 698.64 feet of the Harvey H. Jones Donation Land Claim No. 39; Section 6, Township 21 North, Range 5 E.W.M. Except those portions deeded under King County Auditors file No. 7908270541. should be quieted in the name of the City of Auburn, as the City has continuously, exclusively, openly, adversely, notoriously, occupied, improved, and maintained said land since March 17, 1959, Ordinance No. 3551 Page 2 9/10/80 9/15/80 Page 2 only . and that in order to quiet title thereof by the City of Auburn, the law firm of Harpold, Hanis, Combs & Fori are hereby authorized to commence quiet title. proceedings upon said land. Section 2. That in order to promote public health and improve the street and roadway facilities of the City of Auburn, it is necessary to acquire ownership by the City of Auburn of the above described land, and in order to acquire ownership thereof by the City of Auburn, public condemnation proceedings shall be immediately commenced on said land. Section 3. That public condemnation proceedings shall be instituted without delay by the City of Auburn to secure the ownership and possession of said property above described for the purpose of improving the street and roadway facilities of the City of Auburn. Section 4. *The Mayor, City Clerk and City Attorney of the City of Auburn are hereby authorized to employ the law firm of Harpold, Hanis, Combs & Fiori, and direct'said attorneys to proceed without delay to file the proper petitions for condemnation of said property herein described on behalf of the City of Auburn. Section 5. That the entire cost of the street improvement provided for herein shall be paid as follows: From the City's General Fund in the event a formal condemnation action is necessary. Section 6. 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: SEPTEMBER 15, 1980 PASSED: SEPTEMBER 15, 1980 APPROVED: SEPTEMBER 15, 1980 - Ordinance No. 3551 1 e4agre? Page 3 an-ley' Kersey,Mayor 9/10/80 ATTEST: '- r A __ 1/??tG?Cx City er PUBLISHED: SEPTEM3ER 21, 198 Ordinance No. 3551 Page 4 and last 9/10/80 { STATE OF WASHINGTON) ss COUNTY OF KING ) I, Coralee A. McConnehey, the duly appointed, of the City of Auburn, a Municipal Corporation and the County of King, State of Washington, do hereby going is a full, true and correct copy of Ordinance ordinances of the City of Auburn, entitled qualified City Clerk Code City, situate in certi355hat the fore- No. of the "AN ORDINANCE OF THE CITY OF AUBURN, KING CO=MITY, WASHINGTON, RELATING TO AND PROVIDING FOR THE Oa4VENC VT OF AN ACTION TO QUIET TITLE TO THAT POR- TION OF 40TH STREET N.E., SITUATED ON THAT PORTION OF LAND LYING UPON THE HARVEY H. JONES DONATION LAND CLAIM NO. 39, AND SITUATED WITHIN THE CITY =TS OF THE CITY OF AUBURN, STATE OF WASIITTGTON, I certify that said Ordinance No. 3551 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 19ttL day of September A.D., 19 80 I further certify that said Ordinance No. 355j was published as provided by law in the Daily Globe News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the2 day of September A.D., 19 80 WITNESS my hand ahd the official seal of the City of Auburn, this 3rd day of December A.D., 19 80 C- CITY CLERK,OF THE CITY. OF AUBURN r,