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Home My WebLink AboutITEM VIII-A-2 CI7Y OF * N1316 AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance-No. 6355 March 7, 2011 Department: Attachments: Budget Impact: Public Works Ordinance No. 6355 $0 ` . Administrative Recommendation: City Council infroduce and adopt Ordinance No. 6355: Background Summary: Ordinance No. 6355 declares publie use and necessity regarding the M Street Underpass Project and authorizes condemnation action for property from 1129 6'" Street SE. &portion of this property is needed for roadway; sidewalks, and walls. The City has diligently pursued an amicable settlement with the property owner but the property owner has become unresponsive: Upon committee approval, this ordinance will be taken to the City Council meeting on March 21st for final action: ~ The time between committee approval and; City Council consideration allows the City to provide advance notice of the potential condemnation action at the City Council meeting to the property owner, in accordance with State law. , W0321-2 A3.13.4 Reviewed by Council & Committees: . Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 0 Airport 9 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Muniapal Senr. ❑ Finance ❑ Parks 0 Human Servioes p Planning & CD ❑ Fire ❑ Planning ❑ Park Board SPublic WorKs ~ Legal ❑ Pofice ❑ Planning Comm. ❑ Other ~ Public Works 0 Human Resources Action: _ Committee Approval: ❑Yes ❑No Counal Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Wa ner Staff: Dowd Meetin 'Dafe: March 21, 2011 , Item Number: VIII.A.2 AUBtTRN *,MORE THAN YOU IMAGINED ORDINANCE NO. 6355 AN ORDINANCE OF THE CtTY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DECLARING PUBLIC USE AND NECESSITY REGARDING THE M STREET UNDERPASS PROJECT, AND AUTHORIZING CONDEMNATION WHEREAS, the City of Auburn is involved in a project to make certain improvements to M Street within the City; and WHEREAS, efforts have been made to obtain properties which need to be acquired in connection with the project, incfuding having the property appraised and trying to negotiate reasonable amounts of compensation to be paid for the property to be acquired; and WHEREAS, those efforts have not. been successful in securing the acquisition of all of the property necessary for the Project; and WHEREAS, because of the importance of the M Street Underpass Project as a part of the City's infrasfructure system, and because the improvements are necessary fo complefe the project, and because of the importance of the improvements to be made, the property to be acquired is necessaryfor the. project and for completion ofithe public uses of the project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as follows: Section 1. That the properties identified here below are necessary for the M 8treet Underpass Project, and have a public use in connection with the improvements to be made as a part of the Project. LEGAL DESCRIPTIONS 'RIGHT OF WAY ACQUISITION FROM PARCEL NO. 7116000835 All that portion of the, below described PARENT PARCEL, being a portion of Gov't, Lot_ 14, in Section 18, Township 21 North, Range 5 East, W.M., in King County, Washingfon, lying easterly of the following described line: Ordinance No. 6355 February 25, 2011 _ Page 1 of 4 Beginning at the southeast corner of the, below described PARENT PARCEL, said point also being the intersection_of the northerly margin of 6th Street SE and the westerly margin of `M' Street. SE, thence along said northerly margin North 89057'41" West, 24.37 feet to the TRUE POINT OF BEGINNING of the hereinafter described line, thence North 32°07'03" East; 15.21 feet, thence North 00°57'50fl East; 107.31 feet to the northerly line of said PARENT PARCEL, and #he terminus of said line description, containing 2,037 square feet, more or less. PERMANENT EASEMENT FROM PARCEL NO. 7116000835 All that portion of the below described PARENT PARCEL, being a portion of Gov't Lot 14, in Section 18, Township 21 North, Range 5'East, W.M., in. King County, Washington, described as follows: Beginning at the southeast corner of the below described PARENT PARCEL, said point also being the intersection of #he northerly margin of 6th Street SE and the westerly margin of `M' Streef SE, thence along said northerly margin North - 89°57'41" West, 24.37 feet to the TRUE POINT OF BEGINNING, thence continuing along said northetly margin North 89°57'41" West, 7.08 feet, thence North 32°07'03" East, 18.16 feet, thence North 00054'34" East, 51.76 feet, thence North 89005'26" West; 11.90 feet, thence North 00°57'50" East, 52.52 feet to the northerly line of said PARENT PARCEL, thence along said northerly line _ North 88'51'43" East, 17.51 feet, thence South 00°57'50" West,.107.31 feet, . thence South 32°07'03" West, 15.21 feet to the TRUE POINT OF BEGINNING, containing 1,320 square feet, more or less. TEMPORARY CONSTRUCTION EASEMENT FROM PARCEL NO. 7116000835 ion.of All that portion of the below described PARENT PARCEL, being a port Gov't Lot 14, in Section 18, Township 21 Nortli, Range 5 East, W.M., in. King County, Washington, described as follows: Beginning at the southeast comer of the below described PARENT PARCEL, said point also being the intersection of the northerly margin of 6th Street SE and the westerly margin of `M' Street SE, thence along said northerly margin North 89057'41" West, 24.37 feet to the TRUE POINT OF BEGINNING, thence continuing along said northerly margin North 89057'41" West, 23.60 feet, thence North 32°07'03" East, 23.02 feet, thence North 00°54'34° East, 100.29 feet to the northerly line of said PARENT PARCEL, thence along said northerly line North 88°51'43" East, 19.67 feet, thence South 00°57'S0" West, 107.31 feet, thence South 32007'03" West, 15.21 feet to the TRUE POINT OF BEGINNING, containing 2,417 square feet, more or less. Ordinance No. 6355 February 25, 2011 Page 2 of 4 PARENT PARGEL Beginning at the southeast corner of Lot 9, Block 11, Railroad Addition to Aubum, according to the plat thereof recorded in Volume 20 of Plats, page 35, in King County, Washington; thence west along the south line of said Lot 9, a distance of 80.0 feet; #hence north along the line parallel with the east line of said , Lot 9, a distance of 82.0 feet, plus or minus, to the north line of Lot 10, Block 11, Railroad Addifion to Aubum; thence northeast a distance of 37.4 feet, plus or minus, to the north line,of Lot 11, Block 11, Railroad Addition to Auburn; thence . east along the north line of said lot 11 a distance of 75A feet to the northeast . corner of said Lot 11, thence south along the east line of said Lot 11, said Lot 10, and said Lot 9 a distance of 120.54 feet to the point of beginning (also known as Parcel A of City of Aubum Lot Line Adjustment Number LLS-00-0010, recorded under King County cecording number 2001.0322001220). Property Owners: Andrew J. Benedetti and Karen L. Benedetti, husband & wife. • Property Address .1129 6th Street SE, Aubum, WA 98002 Section 2. That the Mayor and/or his designees are authorized to commence condemnation action to acquire the above identified - described Pr9PertY• Section 3. That the compensation to be paid to the owners of the property fo be acquired by the condemnation action.shall be paid from federal . right-of-way acquisition grant funds and/or City funds budgeted. for the project. Section 4. That af any provision of this Ordinance or its application to any person or circumstance is held invalid, the.remainder of this Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section S. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approvaf and publication, as provided by law. Ordinance No. 6355 February 25, 2011 - Page 3 of 4 INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ' ~ Daniel B. Heid, City Attomey Published: Ordinance No. 6355 , February 25, 2011 Page 4 of 4