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ORDINANCE NO. 4 7 0 2
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, 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 KING AND FOR THE
PROSECUTION THEREOF FOR THE ACQUISITION OF SUCH PROPERTY AND
PROPERTY RIGHTS FOR ROADWAY PURPOSES (RIGHT-OF-WAY AND
EASEMENTS) ON AUBURN WAY NORTH (4TH STREET-15TH STREET) STREET
IMPROVEMENT NO. 288).
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, 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. The properties
to be acquired are described in Exhibits "A", "B"~ "C" and "D"
which are attached hereto and incorporated herein as if fully
set forth.
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
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
Ordinance No. 4702
September 12, 1994
Page 1
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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 Arterial Street 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 has been ascertained, and within
the time allowed by law.
SECTION 6. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
SECTION 7. This Ordinance shall
force five days from and after its
publication as provided by law.
take effect and be in
passage, approval and
Ordinance No. 4702
September 12, 1994
Page 2
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INTRODUCED:
PASSED:
APPROVED:
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
Acting City Attorney
Ordinance No. 4702
September 12, 1994
Page 3
MAYOR
EXHIBIT "A"
PARCEL 2
FEE TAKE
All that certain real property, situaU= in the Cit~ of Auburn, County of King, Slate of
Washington. being a portion of the West 10 feet of Lot 5, and of the East 29 feet of Lot 6 all in
Block B, Arthur C. Bailatd's Condict Addition to Auburn, according to the plat thereof recorded
in Volume 19 of Plats, page 88, in King County, Washington, and being more particularly
described as follows:
BEGINNING at the northeasterly corner of the West 10 feet of said Lot 5; thence from said
POINT OF ,BEGINNING along the westerly right-of-way line of Auburn Way No. (30 foot half
width) S03°20'00"E 105.00 feet to the northerly right-of-way line of 4th Street N.E. (30 foot
half width) as deeded to the City of Auburn for street purposes under Recording Number
7g03160847; thence along said northerly right-of-way llne S86°40'00'W 25.45 feet; thence
leaving said northerly right-of-way line N53°45'I3"E 18.40 feet; thence N24°03'25'E 13.04
feet; thence NO3°20'00"W 26.72 feet; thence N86°40'00"E 1.70 feet; thence N03°20'00'W
12.00 feet; thence N$6°40'00"E 0.50 feet; thence N03°20'00"W 44.70 feet to the northerly line
of said Lot 5; thence along said northerly line N86040'00"E 1.80 feet to the POINT OF
BEGINNING.
Contains 473 Square Feet of land more or less.
Ordinance No. 4702
Exhibit "A"
EXHIBIT "8"
PARCEL ~
TEMPORARY EASEMENT
An easement in the City of Auburn. County of King, State of Wazhington. bcing a portion of the
West 10 feet of Lot 5 and of the East 29 feet of Lot 6 all in Block B. Arthur C. Ballard's
Condict Addition to Auburn, according to the plat thereof recorded in Volume I9 of Plats, page
88, in King County, Washington, and being more pa.nicularly described as follows:
BEGINNING at a point on the northerly line of the West 10 feet of said Lot 5, distant thereon
S86°40'00'W 1.80 feet from the northwesterly corner thereof; thence from said POINT OF
BEGINNINg3 S03°20'00"E 44.70 feet; thence S86'40'00'W 0.50 feet; thence S03°20'00'E
12.00 feet; thence S86°40'00'W 1.70 feet; thence S03°20'00"E 26.72 feet; thence S24°03'2.5"W
13.04 feet; thence S53'45'13'W 18.40 feet; to the northerly right-of-way line of 4th Street N.E.
(30 foot half width) as deeded to the City of Auburn for street purposes under Recording Number
7803160847; thence along said northerly right-of-way line S86°40'00"W 13.55 feet to the
westerly line of the East 29 feet of said Lot 6; thence leaving said northerly right-of-way line
along last said westerly line N03°20'00'W 10.00 feet; thence leaving said westerly line
N86°40'00"E 25.00 feet; thence N03°20'00"W 95.00 feet to the northerly line of said Lot 5:
thence along said northerly line N86°40'00'E 12,20 feet to the POINT OF BEGINNING.
Contains 1247 Square Feet of land more or less.
Ordinance No. 4702
Exhibit "B"
EXH [lilT "C"
PARCEL 4~
TEMPORARY EASEMENT
An easement in the City of Auburn, County of King, State of Washington, being a portion of the
following described "Total Parcel":
Lot 4, Block B, Arthur C. Ballard's Condict Addition to Auburn, according to the plat thereof
recorded in Volume 19 of Plats, page 88, in King County, Washington;
EXCEPT the west 15 feet thereof;
AND EXCEPT therefrom the westerly 5 feet as condemned in King County Superior Court Cause
No. 567046;
AND EXCEPT the south 5 feet thereof az conveyed to the City of Auburn under King County
Recording Number 6702930;
AND EXCEPT that portion as deeded to the City of Auburn under King County Recording Number
7711100789.
The Easement being described herein being more particularly described as follows:
The westerly 17.30 feet of the above described 'Total Parcel'.
Contains 1094 Square Feet of land more or less.
Ordinance No. 4702
Exhibit "C'%
EXHIBIT "D"
PARCEL 42
FEE TAKE
All that certain real property, situate in the City of Auburn, County of King, State of Washington,
being · portion of ~e followin$ described 'Total Parcel':
lot 4, Block B, Arthur C. Ballard's Condict Addition to Auburn, according tO the plat thereof
recorded in Volume 19 of Plats, page $8, In King County, Washington;
F,,XCEPT the west 15 feet thereof;
AND ]EXCEPT therefrom the westerly ~ feet as condemned in King County Superior Court Cause
No. 567046;
AND EXCEPT the south $ feet thereof as conveyed to the City of Auburn under King County
Recording Number 6/02930;
AND EXCEPT that portion as deeded to the City of Auburn under King County Recording Number
7711100789.
The Parcel being described herein being more particularly described as follows:
That po~on of ~ho above d~cribed 'To~ Parcel' lying westerly of the following described line;
B£GINNING ·t a point on tho north line of said Lot 4, distant thereon S$6'40'00"W 16.70 feet
from the northeast corner thereof; thence from said POINT OF BEGINNING S03'20'00"E 13.00
feet; thence S86°40'00"W 6.00 feet; thence S03°20'00'E 39.00 feet; t~ence $86'40'00"W 2.30 feet;
thence 505°20'00"E 53.00 feet to the north line of 4th Street N.E, (30 foot half width) as conveyed
to the City of Auburn under King County Recording Number 7711100789, and the southerly
terminus of this line.
Contain~ 718 Square Feet of land more or less.
Ordinance No. 4702
Exhibit "D"