HomeMy WebLinkAbout4454cZT9 or AuB , WASHZNSTO
ORDINANCE NO. 4454
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON,
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AUTHORIZING THE
ACQUISITION OF CERTAIN PROPERTY AND PROPERTY RIGHTS BY EMINENT DOMAIN
PROVIDING FOR THE PAYMENT THEREOF; AUTHORIZING THE CITY ATTORNEY TO
PREPARE A PETITION FOR CONDEMNATION IN THE SUPERIOR COURT IN AND FOR
THE COUNTY OF KINGAND FOR THE PROSECUTION THEREOF FOR THE ACQUISITION
OF SUCH PROPERTY AND PROPERTY RIGHTS FOR ROADWAY PURPOSES Improvement
OF HARVEY ROAD) AND AMENDING ORDINANCE NO. 4361 BY ADDING ADDITIONAL
PROPERTY TO THE CONDEMNATION.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. PURPOSE. The City Council finds acquisition of
the following described property and property rights is necessary and
for a public purpose and use, i.e. roadway purposes, the properties
to be acquired being described on Exhibit "A" which is incorporated
herein as if fully set forth. This Ordinance amends Ordinance 4361
which originally authorized condemnation of property for Harvey Road,
by adding an additional parcel of property to that for which
condemnation was originally authorized. 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 its corporate limits necessary for the
above-stated purpose.
Section 2. The City Attorney, or counsel selected by him, is
hereby authorized and directed to commence condemnation proceedings
Ordinance No. 4454
Page 1
August 7, 1990
against the owners and all other parties in interest in the above
described lands and improvements, if any, as provided by law; to
prepare the necessary petition for condemnation; and commence and
prosecute such action in the Superior Court in and for the County of
King against all of the owners and interested parties in the
hereinabove described property; and to acquire the aforedescribed
property and property rights for the City of Auburn. Such proceedings
shall be to determine the just compensation for the appropriation of
such property and property rights by the City of Auburn.
Section 3. Compensation for the acquisition of said property
and property rights shall be from project funds set aside for the
purpose of acquiring property for this project and constructing the
project.
Section 4. Nothing in this Ordinance shall be construed as
a waiver by the City of Auburn of its right to decline and take and
pay for said property and property rights after the amount of Just
Compensation has been ascertained, and within the time allowed by law.
Section 5. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the
direction of this legislation .
Section 6. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as
provided by law.
Ordinance No. 4454
Page 2
August 7, 1990
INTRODUCED:
PASSED:
APPROVED:
MAYOR
ATTEST:
ROBIN WOHLUETER, City Clerk
VED AS TO FORM:
Lawrence J. Warren, Attorney fbr
City of Auburn
Ordinance No. 4454
Page 3
August 7, 1990
LEGAL DESCRIPTION
PARCEL No. 60901-0010
A PARCEL OF LAND BEING A PORTION OF THE WILLIAM BRANNON DONATION
LAND CLAIM NUMBER 37 IN THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., AND THAT PORTION OF THE
SOUTHWEST QUARTER OF SAID SECTION 7, AND THAT PORTION OF LOT 34,
BLOCK 19 OF C. D. HILLMAN'S AUBURNDALE ADDITION TO THE CITY OF
SEATTLE, DIVISION NUMBER 2 AS PER PLAT RECORDED IN VOLUME 13 OF
PLATS, PAGE 92, RECORDS OF KING COUNTY, WASHINGTON, ALL LYING
EASTERLY OF E. E. HARVEY ROAD, SOUTHERLY OF 14th STREET NORTHEAST
AS DEEDED TO THE CITY OF AUBURN UNDER KING COUNTY RECORDING
NUMBERS 6669728 AND 7205030384, AND WESTERLY AND NORTHERLY OF THE
FOLLOWING DESCRIBED LINE AS SHOWN ON THAT CERTAIN RECORD OF
SURVEY FILED FOR RECORD BY PHILIP M. BOTCH IN VOLUME 24 OF
SURVEYS, PAGE 229, UNDER KING COUNTY RECORDER'S NUMBER
8008019007, RECORDS OF KING COUNTY, WASHINGTON.
BEGINNING AT A BRASS DISK MONUMENT IN A MONUMENT CASE MARKING THE
CENTER LINE INTERSECTION OF E. E. HARVEY ROAD AND THE ORIGINAL
CENTER LINE OF 14th STREET NORTHEAST (SOUTHEAST 315th STREET);
THENCE NORTH 89-13-00 EAST ALONG SAID ORIGINAL CENTER LINE OF
14th STREET NORTHEAST, 357.73 FEET TO A BRASS DISK MONUMENT IN A
MONUMENT CASE MARKING A CENTER LINE POINT OF INTERSECTION OF 14th
STREET NORTHEAST; THENCE CONTINUING NORTH 89-13-00 EAST, 25.78
FEET; THENCE SOUTH 00-29-52 EAST, 30.00 FEET TO A LEAD AND TACK
ON THE SOUTHERLY RIGHT OF WAY OF 14th STREET NORTHEAST AND THE
TRUE POINT OF BEGINNING OF THE LINE HEREIN DESCRIBED; THENCE
SOUTH 00-29-52 EAST, 173.55 FEET TO AN IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED "P. M. BOTCH LS/PE 4522"; THENCE SOUTH 00-
19-12 WEST, 100.00 FEET TO AN IRON ROD WITH AN ALUMINUM CAP
STAMPED "PROP COR. AS&A"; THENCE SOUTH 87-47-30 WEST, 85.03 FEET
TO THE EASTERLY RIGHT-OF-WAY LINE OF E. E. HARVEY ROAD AND THE
TERMINUS OF THE LINE HEREIN DESCRIBED.
LESS THE SOUTH 100.00 FEET.
SAID PARCEL OF LAND BEING DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF
LAND, SAID NORTHEAST CORNER BEING DESCRIBED HEREIN AS A LEAD AND
TACK ON THE SOUTHERLY RIGHT OF WAY OF 14th STREET NORTHEAST;
THENCE SOUTH 01-11-50 EAST ALONG THE EAST BOUNDARY OF THE ABOVE
DESCRIBED TRACT OF LAND, 118.80 FEET TO AN IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED "RCH 18904"; THENCE SOUTH 89-30-50 WEST,
111.19 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST TO
WHICH THE CENTER OF THE ARC OF SAID CURVE BEARS NORTH 51-58-40
WEST, 305.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, 113.78
FEET TO A POINT OF REVERSE CURVE; THENCE NORTHEASTERLY ALONG A
CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 20.02 FEET
TO SAID SOUTHERLY MARGIN OF 14th STREET NORTHEAST; THENCE NORTH
76-42-20 EAST ALONG SAID SOUTHERLY MARGIN, 4.76 FEET TO THE POINT
OF CURVE OF A CURVE CONCAVE TO THE SOUTHEAST TO WHICH THE CENTER
OF THE ARC OF SAID CURVE BEARS SOUTH 13-17-40 EAST, 172.60 FEET;
THENCE EASTERLY ALONG SAID CURVE AND ALONG SAID SOUTHERLY RIGHT-
OF-WAY, 42.38 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 66-21-
39 EAST, 0.57 FEET TO THE POINT OF BEGINNING.
CONTAINING 9,184 SQUARE FEET MORE OR LEss.
SITUATE IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W. M., COUNTY OF KING, STATE OF WASHINGTON.
REF. ST246-92/E90-818