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ORDINANCE NO. 4 7 0 i
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE ACQUISITION OF CERTAIN PROPERTY AND PROPERTY RIGHTS BY
E~INENT 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 KIN(; AND FOR THE
PROSECUTION THEREOF FOR THE ACQUISITION OF SUCH PROPERTY AND
PROPERTY RIGHTS FOR ROADWAY PURPOSES (RIGHT-OF-WAY ON 37TH
STREET S.E., (A STREET-M STREET) STREET IMPROVEMENT NO. 277).
THE CITY COUNCIL OF THE CITY OF AUBURN, ~%SHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. PURPOSE. The city Council finds acquisition
of certain property and property rights is necessary and for a
public purpose and use, i.e. roadway purposes. Tihe properties
to be acquired are described in Exhibits "A" and "B" which are
attached hereto and incorporated herein as if fully set forth.
As to some of the real estate described it is arguable that
the City has the right to use it by adverse possession and/or
past use, which argument may be asserted as an alternative
argument in its filing in King County Superior Court.
SECTION 2. AUTHORITY. The City of Auburn is authorized
by laws and statutes of the State of Washington to appropriate
lands and property rights
of eminent domain within
the above-stated purpose.
through the exercise of its rights
its corporate limits necessary for
Ordinance No. 4701
September 14, 1994
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SECTION 3. The City Attorney, or counsel selected by the
City Attorney, is hereby authorized and directed as follows:
to commence condemnation proceedings against the owners and
all other parties in interest in the hereinabove described
lands and improvements, if any, as provided by law; to prepare
the necessary petition for condemnation; to commence and
prosecute such action in the Superior Court in and for the
County of King against all 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 4. Compensation for the acquisition of said
property and property rights shall be from 'the City of
Auburn's LID 341 Fund.
SECTION 5. 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
the time allowed by law.
SECTION 6. The Mayor is hereby
such administrative procedures as may
out the directions of this legislation.
has been ascertained, and within
authorized to implement
be necessary to carry
Ordinance No. 4701
September 14, 1994
Page 2
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SECTION 7. 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:
ATTEST:
MAYOR
Robin Wohlhueter,
city Clerk
APPROVED AS TO FORM:
Acting City Attorney
Ordinance No. 4701
September 14, 1994
Page 3
,EXHIBIT "A"
LEGAL DESCRIPTION
T~AT PORTION OF:
The sou~h 200 feet of ~h&t portion of the wes~ half of ~he wss~ half
of the east half of ~he northeast qu&rter of the southwest quarter
of Section 30, Township 21 North, R&nga S East, W.N., in King
County, Washington, lying north of Willie Ro&d;
EXCEPT the vest S0 feet thereof;
AND EXC£PT portion conveyed to City of Auburn for street purposes by
deed recorded under King County Recording Number 7903120730.
LYING WITHIN THE FOLLOMING DESCRIBED 50 FOOT WIDE STRIP OF LAND;
A SO.00 FOOT WIDE STRIP OF LAND SITUATE IN THE SOUTH HAlF
OF SECTION 30, TO~fl4SHZP 21 NORTH, ItA~GE S EAST, W. N., ZN
KING ~UNTY, WASHINGTON, HAVING 3S.00 FEE~ ON BO'Lq( SIDES OF
~ FOI,LO#ZNG DESCRIBED CENTERLII~:
BEGINNING AT A POINT O14 THB bEST BO~INOARY OF THE SOUTI~ST
~JARTER OF SAID SECTION 30 FRON ~HICH THE SOUTIt~EST COI~ER
OF SAID SECTION 30 BEM~ SOVT~ 01-17-22 I~ST, A DXSTAHCB OF
1332.2S FE~/ ~NCE SO~ 89011-4~ ~ 13S6.4S FE~
~VZNG A ~DZUS OF 10000.00 FE~I ~ENCB ~TE~Y A~NG
~C OF SAID ~ 174.S3 FEE~ ~ ~E ~l~ OF
~EHCE NOR~ 89-48-1~ ~T~ 169.36 FE~ ~ ~ ~Z~ OF
10000.O0 FE~; ~ENCB ~TERLY ~NG THE ~C OF SAID
174.S3 FEET ~ ~ ~Z~ OF T~G~I ~ENCE S~ 89-11°42
~T, 653.75 FE~ ~ ~E ~I~ Of ~ OF A ~ ~NCA~
~ THE NOR~ST ~D ~VING A ~DIUS OF S00.O0 FE~I ~ENCE
NORTH~TERLY A~NG ~E ~C OF SAID ~, 25S.99 FE~
~E ~Z~ OF T~GENCY; THENCE NO~ 6L-28-Z3 ~T~ ~32.94
FE~ ~ THE ~l~ OF ~ OF A ~ ~N~ ~ ~
SO~H~T ~D ~VZNG A ~DZUS OF S00.O0 FB~I
NOR~EASTE~Y A~NG ~E ~C OF SAID ~, 73.69 FE~ ~
~Z~ OF T~G~CYI THENCE NO~ 69-S4-S3 ~T, 13S.02
~D ~VZNG A ~DIUS OF SO0.00 FE~I ~ENCB NO~TERLY
A~NG THE ~C OF SAID ~ 119.40 FE~ ~ ~E ~l~ OF
T~G~CYI ~CB N~ S6-13-S7 ~T, 106.28 PB~ ~
~VZNG A ~DIUS OF S00.O0 FE~; ~NCB NO~TE~Y A~NG
THE ~C OF SAID ~, 270.01 FE~ ~ ~R ~Z~ OF T~GEN~;
~ENCE NORTH 87-10-24 ~T, 31~.99 FE~ ~ A ~ZNT ON
CENTERLINE OF ~M~ ST~ SOUTH~T ~D THE ~TERLY TE~I~S
OF THIS CENTERLI~.
Ordinance No. 4701
Exhibit "A"
THE FAST HALF OF GOVERNMENT LOT 4, SECTXON 30, TO~NSH'XP 21 NORTH, RANGE S F,A~?,
W.M., XN KING COUNTY, NASHXNGTON!
EXCEPT COUNTY ~OAD (37TH STREET SOUTHEAST;
AND EXCEPT THE SOUTH 30 FEET AND THE EAST 30 FEET HERETOFORE DEEDED TO THE CITY
OF AIIBU~N FOR STREET PURPOSES).
LYING WITHIN THE FOLLONING DESCRZBED 50 ~ WIDE STRIP OF LAND;
A 50.00 FOOT WXDS STRIP OF LAND SXTUATE XN THE SOUTH HALF OF SECTXON
30~ TOWNSHXP 21 NORTH~ RANGE 5 EAST, #. M. ~ XH ICXHG COUNTY,
WASHXNGTON, HAVING 25.00 FEET ON BOTH SXDES OF THE FOLLOWING
DESCRIBED CENTERLXN~:
BEGINNING AT A POINT ON THE bEST BOUNDARY OF THE SOu',L*rlWEST QUARTER OF
SATD SECTION 30 FI:tOM VlilC~ THE SOUTHWEST CORNER OF SAID SECTION 30
BEARS SOUTH 01-17-22 WEST, A DISTANCE OF 3.333.25 FF, ET; THENCE SOUTH
89-11-42 EAST, 1356.45 FEET TO THE POINT OF CURVB OF A CURVE CONCAVE
TO THE NORTH AND HAVING A RADIUS OF 10000.00 FEET; THENCE EASTERLY
ALONG THE ARC OF 8A~D CURVE, 174.53 FEET TO TH~ POINT OF TANGENCY;
THENCE NORTH 89-48-18 EAST, 169.26 FEET TO THE POY. NT OF CURVE OF A
CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 10000.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, 174.53 FEET TO THE POINT
OF TANGKNCY; THENCB SOUTH 89-11-42 EAST, 653.75 FB~T TO THE POINT OF
CURVE OF A CURVE CONCAVE TO THE NORTHMEST AND HAVING A RADIUS OF
500.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
255.99 FEET TO THE POINT OF TANGENCY; THENCE NORTH 61-28-13 EAST,
132.94 FEET TO THE POINT OF CURVE OF A CURVE CONCAVE TO THE SOUTHEAST
AND HAVING A RADIUS OF 500.00 FEET; THENCE NO~ERLY ALONG THE
ARC OF SAID CURVE, 73.69 FEET TO THE POINT OF TANGENCY; THENCE NORTH
69-54-53 EAST, 135.02 FEET TO THE POINT OF CURVE OF A CURVE CONCAVE
TO THE NORTHIT~ST AND RAVING A RADIUS OF 500.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, 119.40 FEET TO THE POINT
OF TANGKNCY; THENCE NORTH 56-13-57 EAST, 106.28 FEET TO THE POINT OF
CURVE OF A CURVE CONCAVE TO THE SOUTHEAST AND RAVING A RADIUS OF
500.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE,
270.01 FEET TO THE POINT OF TANGENCY; THENCE NORTH 87-10-24 EAST,
311.99 FEET TO A POINT ON THE CENTERLINE OF reM" STREET SOUTHEAST AND
THE EASTERLY TERMINUS OF THIS CKNTERLINE.
TOGETHER WITH:
BEGINNING AT THI~ INT~-RSECTION OF THE SOUTHERLY MARGIN OF THE ABOVE
DESCRIBED 50 FOOT #IDS STRIP OF LAND NITH THE WESTERLY MARGIN OF THE
SAID EAST 30 DEEDED TO THE CITY OF AUBURN FOR STREET PURPOSES; THENCE
NORTH 89-11-42 WEST ALONG SAID SOUTHERLY MARGIN, 25.15 FEET TO THE
POINT OF CURVE OF A CURVE CONCAVE TO THE SOUTHWEST FROM WHXCH THE
CENTER OF SAXD CURVE BEARS SOUTH, 00-48-18 WEST, 25.00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE 39.42 FEET TO THE POINT OF TANGENCY ON
S~D WESTERLY MARGIN OF THE FAST 30 FEET DEEDED TO THE CITY OF AUBURN
FOR ROAD PURPOSES; THENCE NORTH 01-08o56 FAST ALONG SAID WESTERLY
MARGIN, 25.15 FEET TO THE POINT OF BEGINNING.
CONTAINS 3,387 SQUARE FEET MORE OR LESS.
Ordinance No. 4701
Exhibit "B"