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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
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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
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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
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Ordinance No. 3551 1 e4agre?
Page 3 an-ley' Kersey,Mayor
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ATTEST: '-
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PUBLISHED: SEPTEM3ER 21, 198
Ordinance No. 3551
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{
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
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