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HomeMy WebLinkAbout3446 RESOLUTION NO. 3 4 4 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DECLARING CERTAIN PROPERTY A BLIGHTED PROPERTY AND DECLARING THE INTENT TO CONDEMN SAID PROPERTY PURSUANT TO RCW CHAPTER 35.80A WHEREAS, the City of Auburn and the State of Washington suffered a significant earthquake on February 28, 2001, which earthquake caused substantial damage to numerous buildings and structures throughout the state; and, WHEREAS, among the structures suffering damage in the City of Auburn was the building located at 122 West Main St., Auburn, WA, also known as the "Townhouse Apartments"; and, WHEREAS, the damage to this building appreciably weakened the structural integrity of the building, posing a risk of danger to surrounding properties and to passers- by, were the building or portions to collapse; and, WHEREAS, efforts have been made to have the property owner correct the damage and shore up the building to provide stabilization of the building, but such efforts have not yet resulted in such stabilization of the building; and, WHEREAS, because those efforts have not been successful in securing the stabilization of the building, and because it has now been more than one year since the building has suffered its earthquake damage and has posed the risks to surrounding properties and to passers-by, state law authorizes the City to condemn the property as a blighted property and seek acquisition of the property, so as to eliminate the blight on the neighborhood. Resolution 3446 03/13/2002 Page 1 WHEREAS, the building located at 122 West Main St., Auburn, WA, shares a common wall with the building on the adjacent property (to the West), so that it may be, though not yet been determined, that it is not reasonably possible to demolish or dismantle the building at 122 West Main St. without creating additional dangers to the City by increased of structural failure to the building at 124 West Main St.; and, WHEREAS, if that increased danger is determined to exist in connection with the building at 124 West Main St., with efforts to demolish or dismantle the building at 122 West Main St., then the building at 124 West Main St. would also constitute a blight on the community, warranting City action. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: 1. That the City Council finds and declares as follows: (a) That the building located at 122 West Main St., Auburn, WA, also known as the "Townhouse Apartments," has not been lawfully occupied for a period of one year or more; (b) That said building constitutes a threat to the public health, safety, or welfare as determined by the City Building Official, and thereby constituting a blight on the neighborhood; and (c) That the acquisition of the real property described therein is necessary to eliminate neighborhood blight. 2. That condemnation of property to eliminate neighborhood blight is declared and recognized in state law to be for a public purpose. 3. That acquisition of the property located at 122 West Main St., Auburn, WA, also known as the "Townhouse Apartments," and described more particularly herein below, is necessary for the City to correct the dangerous conditions on said property and to eliminate the blight on the neighborhood. LEGAL DESCRIPTION LOT 2, BLOCK 3, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. Resolution 3446 03/13/2002 Page 2 4. That the Mayor and his designees are authorized to commence condemnation action to acquire the property identified and described above, and to take such other and further steps as are consistent herewith and with the provisions of Chapter 35.80A of the Revised Code of Washington. 5. That if the demolition of the building at 122 West Main St., Auburn, WA, cannot be safely accomplished without impacting the integrity of the adjacent building located at 124 West Main St., Auburn, WA, with which it shares a common wall, such that the blight to the neighborhood would also involve the impacts of the adjacent building, and safety concerns for the adjacent building in any efforts to demolish the building at 122 West Main St., Auburn, WA, then acquisition of the adjacent building is also declared to be necessary to eliminate neighborhood blight, and the Mayor and his designees are authorized to commence condemnation action to acquire the property of the adjacent building. The adjacent building is described more particularly as follows: ADJACENT BUILDING Legal Description LOT 3, BLOCK 3, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 56, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON. 6. That the costs to be paid by the City in connection with the condemnation and the acquisition of property pursuant hereto shall be paid from the Capital Project Fund of the City. 7. That if any provision of this Resolution or its application to any person or circumstance is held invalid, the remainder of this Resolution or the application of the provision to other persons o~circumstances shall not be affected. PASSED by the City Council this //~ay of '/~/~/ ,2002. Cl~S'"~[~_U R N PETER B. LEWIS, MAYOR Resolution 3446 03/13/2002 Page 3 ATTEST: 'Danielle E. Daskam, City Clerk A~/~VED AS TO FORM: Resolution 3446 03/13/2002 Page 4