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HomeMy WebLinkAbout50731 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 ORDINANCE NO. 5 0 7 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACQUISITION OF A STORM DPJ~INAGE EASEMENT 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 STORM DRAINAGE EASEMENT ASSOCIATED WITH PUBLIC STORM DRAINAGE IMPROVEMENTS ALONG MOUNTAIN VIEW DRIVE, CAPITAL IMPROVEMENT PROJECT 604. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. PURPOSE. The City Council finds acquisition of storm drainage easement is necessary and for a public purpose and use, i.e. public storm drainage improvements. The property to be acquired is legally described in Exhibit "A" and as shown on Exhibit "B", attached hereto and incorporated herein as if fully set forth. SECTION 2. AUTHORITY. The City of Auburn is authorized by laws lands and property rights through the of eminent domain within and without necessary for the above-stated purpose. and statutes of the State of Washington to appropriate exercise of its rights its corporate limits 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 owner and all other parties in interest in the hereinabove described lands Ordinance No. 5073 February 20, 1998 Page 1 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 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 above described property right for the City of Auburn. Such proceedings shall be to determine the just comu. ensation for the appropriation of such property right by the City of Auburn. SECTION 4. Compensation for the acquisition of said property right shall be from the City of Auburn Utility Enterprise 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 right after the amount of just compensation has been ascertained, and within the time allowed by law. SECTION 6. The such administrative procedures as may out the directions of this legislation. Mayor is hereby authorized to implement be necessary to carry Ordinance No. 5073 February 20, 1998 Page 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 ~ECTION 7. This Ordinance shall force five days from and after its publication as provided by law. take effect and be in passape, approval and INTRODUCED: March 16, 1998 PASSED: March 16, 1598 ATTEST: APPROVED: March 16, 1998 MAYOR Dan~ielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED: ~-~- ~ ~ Ordinance No. 5073 February 20, 1998 Page 3 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 1 2 3 4 5 6 7 8 ORDINANCE NO. 5073 EXHIBIT ~A" THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 21 NORTH, R3LNGE 4 EAST, W.M. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 14; THENCE NORTH 89-57-04 WEST ALONG THE SOUTH BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 14, 1635.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89-57- 04 WEST, 107.86 FEET; THENCE NORTH 56-09-04 WEST, 93.60 FEET; THENCE NORTH 33-50-56 EAST, 60.00 FEET; THENCE SOUTH 56-09-04 EAST, 183.23 FEET TO THE TRUE POINT OF BEGINNING. LESS RIGHT-OF-WAY FOR MOUNTAIN VIEW DRIVE, AKA I. B. KNICKERBOCKER ROA/D NUMBER 579. Ordinance No. 5073 Exhibit "A" February 20, 1998 Page 4 Ordinance No. 5073, Exhibit "A"