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HomeMy WebLinkAbout3202 CITY OF AUBURN, WASHINGTON ORDINANCE NO. 3 2 0- 2 AN ORDINANCE of the City of Auburn, Washington, ielating to and prov3ding foi the acquisition, by negotiation or condemnation, of certain property and property rights for the improvement, mainte- nance and operation of the Municipal Airport. of the City; providing for the condemnation, appro- priation, taking and dainaging of pioper-ty and other property rights necessary therefor, and directing attorneys for the City to prosecute the appropriate action and proceeding in the man_ner provided by law for the condemnation. WHEREAS, the City of Auburn operates a municipal airport and other air naviqation facilities all known as the City of Auburn Municipal Airport; and WFiEREAS, the City of Auburn has considered the environ- mental impact of the action kie=einafter authorized and diiected and of the implementation of the project of which said action is a part, and has determined and does hereby reaffirm that the action and the implementation of the project has no significant adverse effect upon the quality of the environment; and WHEREAS, in order to improve, maintain and operate its municipal airport and other air navigation facilities it is required and necessary for the City of Auburn to acguire and condemn certain lands and pioperty =ights as hereinafter mo=e paiticularly set forth; NOW, THEREFORE, CITY COUNCIL OF THE CITY OF AUBURN DO ORDAIN AS FOLLOWS: Section 1 . The Council of the City of Auburn does hereby find and declare that: (1) The acquisition of the property and property rights hereinafter set forth is for a public purpose and a matter of public necessity; to wit, for the improvement, maintenance and operation of the Auburn Municipal Airport; and Ordinance No 3202 9-1 -77 Page One (2) The acquisition is necessary in order to provide unob- structed air space for the landing and taking off of aiicraft and to ensuie safe appioaches to the landing area of the airport and the safe and efficient operation thereof. Section 2. That the property and property rights within the City of Auburn specifically described in Exhibits A, B, C and D attached hereto shall be and they are hereby authoiized to be con- demned, appropriated, taken and damaged for such purposes subjeqt to the making or paying of just compensation to the owners thereof in the manner provided by law. Section 3. The entire cost of the acquisition and condem- nation shall be paid out of the Municipal Airport Construction Fund Yo 322 000 546 210 61 Section 4. The law firm of Roberts, Shefelman, Lawrence, Gay & Moch be and they are hereby retained as the attorneys for the City for such purpose, and they are hereby autho=ized and di- rected to begin and prosecute the proceedings provided by law to condemn, take and appropriate the land and property rights necessary to carry out the provisions of this ordinance and are further authorized in conductiag the coademnation proceedings and for the purpose of minimizing damages therein to stipulate as to the use of the property hereby authorized to be con3emned and appropriated and as to the reservation of any right of use to any owner provided that such reservation does not interfere with the use of the property by the City as provided in this ordinance for the purposes herein stated. Ordinance No 3202 9-1-77 -2- Section 5. That this ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: SEPTEMBER 6, 1977 PASSED: SEPTEMBER 6, 1977 APPROVED: SEPTEMBER 6, 1977 MAYOR ATTEST: �`� oC D=1iCX//" ITY-CLER - - - APPROVED AS TO FORM: �% . /��i�Y CITY ATTORNEY i Published: SEPTEMBER 9, 1977 -3- Ordinance No 3202 9-1-77 EXHIBIT A From the followin,g described property Parcel No. A-1 The South 630 feet of the West 431. 5 feet of Harvey H. Jones Donation Claim No. 39 EXCEPT the South 585. 0 feet of the West 200.0 feet; AND EXCEPT the South 30 feet of the East 231.5 feet, situate in the City of Auburn, County of King, State of Washington, the following riqhts shall be taken and condemned for the use and benefit of the public, appurtenant to the City of Auburn Municipal Airport, for the unobstructed passage of all air= craft ("ai-rcraft" being defined as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated in the air space over the above described property above the follow- ing described imaginary planes : PRIMARY SURFACE is the surface which is longitudi- nally centered on ranway 16-34 at City of Auburn Munioipal Airport. The width of the primary surface is 250 feet. The primary surface extends 200 feet beyond each end of Runway 16-34 The elevation of any point on the primary surface is the same as the elevation of the nearest point on the Runway center- line. APPROACH SURFACE is a surface, trapezoidal in form, on�tudinally centered on the extended Runway 16-34 centerline and extending upward and outward in a northerly direction from the end of the primary surface for Runway 16-34 . Beginning at the north end of the primary surface, the app=oach surface is 250 feet wide and broadens to 450 feet wide at a horizontal distance of 1 ,000 feet from the point of beginnin_g; this surface being symmetrical about the centerline of Runway 16-34 extended. This approach surface is a trapezo'idal plane with a slope of 20 feet to 1 foot (1 fbot increase in elevation for each 20 feet of horizontal distance. ) TRANSITIONAL SURFACES are surfaces located on either side -of fhe primary surface and approach surface for Runway 16-34 The transitional surfaces begin at the outer edges of the piimaiy surface and approach sur- face and extend upward and outward at a slope of 7 feet to 1 foot (1 foot increase in elevation for each 7 feet of horizontal distance. ) at right angles to the extended Runway 16-34 centerline until they reach 150 feet above the airport elevation. CLEAR ZONE is identified as the area that begins at ' the northerly end of the piimary surface of Runway 16-34 and coincides with the innermost portion of the approach surface The clear zone terminates where the approach surface slope reaches a height of 50 feet above the end of the runway oi the terrain at the outer extremity of the clear zone, whichever occurs first. together with the right to cause in all air space above the sur- face of Condemnees ' pioperty such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing at, or tak-ing off from, or operating at or on said City of Auburn Municipal Airport. The easements and right of way hereby taken include the continuing right in the Condemnor to prevent the erection or growth upon Condemnees ' property of any building, structure, tree or other object extending into the air space above the aforesaid imaginary planes, and to remove from said air space, or at the sole option of the Condemnor, as an alteinative, to mark and light as obstructions to air navigation any such building, structure, tree or other objects now upon, or which in the future may be upon Condemnees' property with the ri_ght of ingiess to, egiess fiom, and passage over Condemnees' property for the above purposes. TO HAVE AND TO HOLD said easements and right of way, and all rights appertaining thereto unto the Condemnor, its succes- sors, and assigns , until said City of Auburn Municipal Airport shall be abandoned and shall cease to be used for public air- port purposes. RECORD OWNERS : J N. Shaughnessy and Fay Shaughnessy, his wife; F. H. Shaughnessy and Geraldine Shaughnessy, his wife; Shaughnessy and Company, Inc. Exhibit A Page 2 EXHIBIT B From the follow3ag described property: Parcel No. B-1 The North 100 feet of the South 730. 0 feet of the West 461.5 feet of Harvey H. Jones Donation Claim No. 39; EXCEPT that portion deeded to the City of Aubura for street purposes by deed recorded under Auditor ' s File No. 5791052 , situate in the City of Auburn, County of King, State of Washington. the following rights shall be taken and condemned foi the use and benefit of the public , appurtenant to the City of Auburn Municipal Airport, for the unobstructed passage of all air- craft ("aircraft" being defined as any contrivance now known or hereafter invented, used o= designed for naviqation of or flight in the air) by whomsoever owned and operated in the air space over the above described property above the follow- ing described imaginary planes PRIMARY SURFACE is the surface which is longitudi- nally centered on runway 16-34 at City of Auburn Municipal Airport. The width o£ the primary surface is 250 feet. The primary surface extends 200 feet beyond each end of Runway 16-34 The elevation of any point on the primary surface is the same as the elevation of the nearest point on the Runway center- line. APPROACH SURFACE is a surface, trapezoidal in form, longitudinally centered on the extended Runway 16-34 centerline and extending upward and outward in a northerly direction from the end of the primary surface for Runway 16-34 . Beginnin,g at the aorth end of the primary surface, the approach surface is 250 feet wide and broadens to 450 feet wide at a horizontal distance of 1,000 feet from the point of beginning; this surface being symmetrical about the centerline of Runway 16=34 extended. This approach surface is a trapezoidal plane with a slope of 20 feet to 1 foot (1 foot increase in elevatioa for each 20 feet of horizontal distance. ) TRANSITIONAL SURFACES are surfaces located on either si e of the prim— a�urface and approach surface £or Runway 16-34 The transitional surfaces begin at the outer edges of the primary surface and app=oach sur- face and extend upward and outward at a slope of 7 feet to 1 foot (1 foot increase in elevation for each 7 feet of horizontal distance. ) at right anqles to the extended Runway 16-34 centerline until they reach 150 feet above the airport elevation. I CLEAR ZONE is identified as the area that begins at t-�e--nor erly end of the primary surface of Runway 16-34 and coincides with the innermost portion of the approach surface The clear zone terminates where the approach surface slope feaches a height of 50 feet above the end of the runway or the terrain at the outer extremity of the clear zone, whichever occurs first. together with the right to cause in all air space above the sur- face of Condemnees ' property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating at or on said City of Auburn Municipal Airport. The easements and right of way hereby taken include the continuing right in the Condemnor to prevent the erection or growth upon Condemnees ' property of any building, structure, tree oi other object extend'ing into the air space above the aforesaid imaginary planes , and to remove from said air space, or at the sole option of the Condemnor, as an alternative, to mark and light as obstructions to air navigation any such building, struature, tree oi othei ob�ects now upon, or which in the future, may be upon Condemnees ' property with the iight of ingress to, egress from, and passage over Condemnees' property for the above purposes. TO HAVE AND TO HOLD said easements and right of way, and all rights appertaining thereto unto the Condemnor, its succes- sors, and assigns , until said City of Auburn Municipal Airport shall be abandoned and shall cease to be used for public air= port purposes OWNER Shaugnessy and Company, Inc PARTY IN INTEREST Jack Sprenger and Jane Doe Spren.ger Exhibit B Page 2 EXHIBIT C From the following described property Parcel No. C-1 The South 200 feet of the following described property: That portion of the Harvey H. Jones Donation Claim No. 39 in Section 6 , Township 21 North, Range 5 East, W. M. , described as follows Beginning at the Southwest corner of the Harvey H. Jones Donation Claim; thence North 89°06 ' East 989 . 35 feet; thence North 0°55 ' 30" West 530 feet to the true point of beginning, said point being marked by a concrete marker; thence North 0°55 ' 30" West 501. 80 feet to the South line of Bonneville Power Administration easement; thence South 89°08 ' 45" West along said south line 497 .27 feet; thence South 0°53' 30" East 502 27 feet; thence Nor.th 89°06 ' East 497 .66 feet to the true point of beginning; EXCEPT the East 30 feet and the North 30 feet thereof conveyed to the City of Auburn for street purposes by deed recorded under Auditor' s File No. 6165638 ; AND EXCEPT that portion conveyed to the City of Auburn for street purposes by deed recorded under Auditor' s File No. 5791053. Situate in the City of Auburn, County of King, State of Washington the following rights shall be taken and condemned for the use and benefit of the public, appurtenant to the City of Auburn Municipal Airport, for the unobstructed passage of all air- craft ("airciaft" being defined as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated in the air space over the above described property above the follow- ing described imaginary planes PRIMARY SURFACE is the surface which is longitudi- nally -centered on runway 16-34 at City of Auburn Municipal Airport. The width of the primary surface is 250 feet. The primary surface extends 200 feet beyond each end of Runway 16-34 . The elevation of any point on the primary surface is the same as the elevation of the nearest point on the Runway center- line APPROACH SURFACE is a surface, trapezoidal in form, lonTinally centered on the extended Runway 16-34 centerline and extending upward and outward in a northerly direction from the end of the primary surface for Runway 16-34 Beginning at the north end of the primary surface, the approach surface is 250 feet wide and broadens to 450 feet wide at a horizontal distance of 1,000 feet from the point of beginning; this surface bein_g symmetrical about the centerline of Runway 16-34 extended This approach surface is a trapezoidal plane with a slope of 20 feet to 1 foot (1 foot increase in elevation for each 20 feet of horizontal distance. ) TRANSITIONAL SURFACES are surfaces located on either side�f the primr surface and approach surface for Runway 16-34 The transitional surfaces begin at the outer edges of the primary surface and approach sur- face and extend upward and outward at a slope of 7 feet to 1 foot (1 foot increase in elevation for each 7 feet of horizontal distance. ) at right angles to the extended Runway 16-34 centerline until they reach 150 feet above the airport elevation. CLEAR ZONE is identified as the area that begins at ti—fe northerly end of the primary surface of Runway 16-34 and coincides with the inriermost portioa of the approach surface. The clear zone terminates where the approach surface slope reaches a height of 50 feet above the end of the runway or the terrain at the outer extremity of the clear zone, whichever occurs first. together with the right to cause in all air space above the sur- face of Condemnees ' property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating at or on said City of Auburn Municipal Airport. The easements and right of way hereby taken include the continuing right in the Condemnor to prevent the erection or growth upon Condemnees ' property of any building, structure, tree or other object extending into the air space above the aforesaid imaginary planes, and to remove from said air space, or at the sole option of the Condemnor, as an alternative, to mark and light as obstructions to air navigation any such building, structure , tree or other objects now upon, or which in the future may be upon Condemnees ' property with the right of ingress to, egress from, and passage over Condemnees' property for the above purposes. TO HAVE AND TO HOLD said easements and right of way, and all rights appertaining thereto unto the Condemnor, its succes- sors, and assigns, until said City of Auburn Municipal Airport shall be abandoned and shall cease to be used for public air- port purposes. RECORD OWNERS Ronald G. Holt and Alice G. Holt; Gene A. Wright and Arlene H Wright, d/b/a A. C. Wright and Sons PARTY IN INTEREST: Auburn Federal Savings & Loan Assoc. ; The Valley National Bank of Auburn Exhibit C Paqe 2 EXHIBIT D From the following described property: Parcel No. D-1 That portion of the Harvey H. Jones Donation Claim No. 39, Section 6 , Township 21 North, Range 5 East, W M. , described as follows : Beginning at the Southwest corner of the Harvey H Jones Donation Claim; thence North 89°06 ' East 989. 35 feet; thence North 0°55 ' 30" West 30 feet to true point of be- ginning, said point being marked by a concrete monument; thence North 0°55' 30" West 500. 0 feet; thence South 89°06 ' West 497 .66 feet; thence South 0°53 ' 30" East 500 feet; thence North 89°06 ' East 497. 84 feet to the true point of beginning; EXCEPT that portion conveyed to City of Auburn for street purposes by deed recorded under Auditor' s File No. 5791053 , situate in the City of Auburn, County of King, State of Washington. the following rights shall be taken and condemned for the use and benefit of the public, appurtenant to the City of Auburn Municipal Airport, for the unobstructed passage of all air- craft ("aircraft" being defined as any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air) by whomsoever owned and operated in the air space over the above described property above the follow- ing described imaginaiy planes: PRIMARY SURFACE is the surface which is longitudi- nally centered on runway 16=34 at City of Auburn Municipal Airport. The width of the primary surface is 250 feet. The primary surface extends 200 feet beyond each end of Rnnway 16-34 . The eledation of any point on the primary surface is the same as the elevation of the nearest point on the Runway center- line. APPROACH SURFACE is a surface, trapezoidal in form, longitudinally centered on the extended Runway 16-34 centerline and extending upward and outward in a northerly direction from the end of the primary surface for Runway 16-34 Beginning at the north end of the primary surface, the approach surface is 250 feet wide and broadens to 450 feet wide at a horizontal distance of 1,000 feet from the point of beginning; this surface being symmetrical about the centerline of Runway 16-34 extended. This approach surface is a trapezoidal plane with a slope of 20 feet to 1 foot (1 foot increase in elevation for each 20 feet of horizontal distance. ) TRANSITIONAL SURFACES are surfaces located on either side of the primary sur-face and approach surface for Runway 16=34 . The transitional surfaces begin at the outer edges of the primary surface and approach sur- face and extend upward and outward at a slope of 7 feet to 1 foot (1 foot increase in elevation for each 7 feet of horizontal distance. ) at right angles to the extended Runway 16-34 centerline until they reach 150 feet above the airport elevation CLEAR ZONE is identified as the area that begins at the northerly end of the primary surface of Runway 16-34 and coincides with the innermost portion of the approach surface . The clear zone terminates where the approach surface slope reaches a height of 50 feet above the end of the runway or the terrain at the outer extremity of the clear zone, whichever occurs first. together with the right to cause in all air space above the sur- face of Condemnees ' property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating at or on said City of Aubura Municipal Airport. The easements and right of way hereby taken include the continuing right in the Condemnor to prevent the erection or growth upon Condemnees ' property of any building, structure, tree or other object extending into the air space above trie aforesaid imaginary planes , and to remove from said air space, or at the sole option of the Condemnor, as an alternative, to mark and light as obstructions to air navigation any such building, structu=e , tree or other objects now upon, or which in the future may be upon Condemnees' propeity with the right of ingress to, egress from, and passage over Condemnees' property for the above purposes. TO HAVE AND TO HOLD said easements and right of way, and all rights appertaining thereto unto the Condemnor, its succes- sors, and assigns, until said City of Auburn Municipal Airport shall be abandoned and shall cease to be used for public air- port purposes RECORD OWNERS : Walter Schliunpf and Freda Schlumpf, his wi-fe PARTY IN INTEREST Will Andre and Mary K Andre, his wife Exhibit D Page 2