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ORDINANCE NO. _4 9 7 8
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 DESIGNATED AS TAX PARCEL NUMBER 395440-0005,
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION NUMBER 1-15842
FOR THE STATE ROUTE 18 / KC" STREET S.W. INTERCHANGE RAMP
IMPROVEMENT PROJECT (PR529) .
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
~ P-~ The City Council finds acquisition
of certain property and property rights is necessary and for a
public purpose and use, i.e. State Route 18 / C Street SW
Interchange Ramp. The property to be acquired is legally
described and shown on Exhibit "A", attached hereto and
incorporated herein as if fully set forth.
by laws and statutes of
The City of Auburn is authorized
the State of Washington to appropriate
lands and property rights through the exercise of its rights
of eminent domain within and without its corporate limits
necessary for the above-stated purpose.
Ordinance No. 4978
May 27, 1997
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~ The City Attorney, or counsel selected by the
City Attorney, is hereby authorized and directed as follows:
to commence condemnation proceedings against the owner 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.
~ Compensation for the acquisition of said
property and property rights shall be from the Intermodal
Surface Transportation Efficiency Act (I.S.T.E.A) and the
Transportation Improvement Board (T.I.B.).
~ The owners of said property
shall fully
execute and deliver a Possession and Use Agreement to the City
of Auburn in the amount of $604,300, which will be submitted
Ordinance No. 4978
May 27, 1997
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into King County Superior Court. The City of Auburn is hereby
authorized to make payment into King County Superior Court the
amount of $604,300. Said agreement and payment thereof is for
the City's right to possess and use said property as the
owners require additional time to evaluate and/or resolve any
questions concerning just compensation. A final settlement
agreement shall be executed by all parties and submitted to
King County Superior Court and Pacific Northwest Title for
closing. Any outstanding liens, assessments, encumbrances,
may have to be cleared from title of said property by the
owners out of the amounts paid to King County Superior Court
towards the final settlement agreement of said property.
~ Nothing in this Ordinance shall be construed
as a waiver by the City of Auburn of its right to decline
take and pay for said property
amount of Just Compensation has
the time allowed by law.
~ The Mayor is
such administrative procedures
and
and property rights after the
been ascertained, and within
hereby authorized to implement
as may be necessary to carry
out the directions of this legislation.
Ordinance No. 4978
May 27, 1997
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~. This Ordinance shall
force five days from and after its
publication as provided by law.
take effect and be in
passage, approval and
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 4978
May 27, 1997
Page 4
BIoS I, La~ey's Second Addition to Aubm~, accorcli~g to the plat thereof
recorded i~ Volume 21 of Ph~, page 20, ~ ~g Co~ Wu~on;
~CEPT ~ose po~o~ ~eof con~yed ~ ~e Ci~ of A~ for ~ee~
by dee~ recorded ~d~ ~cor~g N~bers 4~02100 ~d 6268952,
si~ed ~ ~e Co~ of~g State of W~i~on.