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HomeMy WebLinkAbout4978 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~ 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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~. 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.