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"