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HomeMy WebLinkAbout5522ORDINANCE NO.5 5 2 2 AN ORDINANCE OF THE CITY COUNCIL 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 THE SOUTHERNMOST 30 FEET OF THIS PROPERTY, THIS AREA COMPRISING A PART OF THE NORTH HALF OF 42ND STREET NW RIGHT-OF-WAY. THE SUBJECT PROPERTY ADDRESS IS 4230 'B' STREET NW, TAX PARCEL NUMBER 936000-0092. WHEREAS, the City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and WHEREAS, the policies and procedures in regard to negotiation, purchase, and relocation for these properties is governed by federal legislation and are strictly adhered to; and WHEREAS, negotiations have failed to reach agreement, the City Attorney is authorized to prepare petitions for condemnation to be filed in the King County Superior Court for the acquisition of parcels as it becomes necessary for the completion of public street right of way along 42nd Street N.W. NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The City Council finds the acquisition of certain property and property rights is necessary and for a public purpose and use, i.e. Ordinance 5522 March 6, 2001 Page 1 completion of public street right of way along 42nd Street N.W. The properties to be acquired are legally described and shown in Exhibit "A", 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 through the exercise of its rights of eminent domain within and without its corporate limits necessary for the above-stated purpose. Section 3. The City Attorney, or counsel selected by the City Attorney, is hereby authorized and directed as follows: to commence condemnation proceedings, when negotiations fail to meet agreement, 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; to obtain immediate possession and use 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 Arterial Street Fund 102. Ordinance 5522 March 6, 2001 Page 2 Section 5. Constitutionality or Invalidity. If any section, subsection, clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. Ordinance 5522 March 6, 2001 Page 3 INTRODUCED: March 19, 2001 PASSED: March 19, 2001 APPROVED: March 19, 2001 c moo CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance 5522 March 6, 2001 Page 4 EXHIBIT `A' IDENTIFICATION There is one subject property under one ownership. This property is located along the north side of 42nd Street NW, east of `B' street NW, Auburn. The subject acquisition area consists the southernmost 30 feet of this property, this area comprising the north half of the 42"d street NW right of way. The subject property address is: Ostensible Owners Legal Description Parcel B - 4230 `B' Street NW, and Parcel B - Greg S. & Maria DC Wood Lot 3 (Parcel B) of: City of Auburn Short Plat Number 6-86, recorded under Recording Number 8805240946, said Short Plat described as follows: Tract 17, White River Valley Home Tracts, according to the plat thereof recorded in Vol. 13 of Plats, page 17, in King County, WA TOGETHER WITH an easement for ingress, egress and utilities as delineated and described in said short plat. The subject acquisition area consists of THE SOUTH 30.00 FEET OF LOT 3 OF CITY OF AUBURN SHORT PLAT NUMBER SP-06-86 AS RECORDED UNDER KING COUNTY AUDITOR'S FILE NUMBER 8805240946. CONTAINING 4,900 SQUARE FEET Tax Account Numbers Parcel B - 936000-0092 Ordinance 5522 Exhibit A Page 1 ,aOP.,D 4 cie.ea S. N. I. ?,vo ?rf 4 * r __ D O? N m fi3 •o?o.?. ar PL+z n B° ST. NW S h»i Auc, s.J 1 - 3y 22a.3I. anzasoaa ?-.-s -'rr?Z -_---_____emza 3e?---_ ?'? 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