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HomeMy WebLinkAbout4375 (2) • 1 ORDINANCE NO. 4 3 7 5 2 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY AND PROPERTY RIGHTS BY 3 EMINENT DOMAIN PROVIDING FOR THE PAYMENT THEREOF; AUTHORIZING 4 THE CITY ATTORNEY TO PREPARE A PETITION FOR CONDEMNATION IN THE SUPERIOR COURT IN AND FOR THE COUNTY OF KING AND FOR THE 5 PROSECUTION THEREOF FOR THE ACQUISITION OF SUCH PROPERTY AND PROPERTY RIGHTS FOR ROADWAY PURPOSES (IMPROVEMENT OF EIGHTH 6 STREET N.E. FROM AUBURN WAY NORTH TO "F" STREET N.E. ) . THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO 7 ORDAIN AS FOLLOWS: 8 SECTION 1. PURPOSE. The City Council finds acquisition 9 of the following described property and property rights is 10 necessary and for a public purpose and use, i.e. roadway 11 12 purposes, the properties to be acquired being described on Exhibit "A" which is incorporated herein as if fully set 13 forth. The City of Auburn is authorized by laws and statutes 14 of the State of Washington to appropriate lands and property 15 rights, through the exercise of its rights of eminent domain 16 within its corporate limits necessary for the above-stated 17 18 purpose. 19 SECTION 2 . The City Attorney, or counsel selected by 20 her, is hereby authorized and directed to commence 21 condemnation proceedings against the owners and all other 22 parties in interest in the above described lands and 23 improvements, if any, as provided by law; to prepare the 24 25 26 Ordinance No. 4375 Page 1 September 12 , 1989 1 2 necessary petition for condemnation; and commence and 3 prosecute such action in the Superior Court in and for the 4 County of King against all the owners and interested parties 5 in the hereinabove described property; and to acquire the 6 aforedescribed property and property rights for the City of Auburn. Such proceedings shall be to determine the just 8 compensation for the appropriation of such property and 9 property rights by the City of Auburn, including relocation 10 assistance or other payments authorized by law. 11 SECTION 3 . Compensation for the acquisition of said 12 property and property rights shall be from the City of 13 Auburn's 1986 Street Bond Issue. 14 SECTION 4 . Nothing in this Ordinance shall be construed 15 as a waiver by the City of Auburn of its right to decline and 16 take and pay for said property and property rights after the 17 amount of Just Compensation has been ascertained, and within 18 the time allowed by law. 19 SECTION 5. The Mayor is hereby authorized to implement 20 such administrative procedures as may be necessary to carry 21 out the directions of this legislation. 22 23 24 25 26 Ordinance No. 4375 Page 2 September 12 , 1989 • 1 2 SECTION 6. This Ordinance shall take effect and be in 3 force five days from and after its passage, approval and 4 publication as provided by law. 5 INTRODUCED: 9 g-M 6 PASSED:7 8 APPROVED: /���" 9 10 11 e � e MAYO 12 13 ATTEST: 14 / 15 � ayle utcher, City Clerk 16 17 APPROVED AS TO FORM: 18 Marguerite Schellentrager, 20 City Attorney 21 22 PUBLISHED: P07 23 24 25 26 Ordinance No. 4375 Page 3 September 12, 1989 LEGAL DESCRIPTION 8th NE and Auburn Way North Realignment Parcel No. 93720-0530 THAT PORTION OF LOTS 53 , 54, 55,AND 56, BLOCK No. 14 OF C.D.HILLMAN'S AUBURNDALE ADDITION TO THE CITY OF SEATTLE, DIVISION No. 2 AS RECORDED IN VOLUME 13 OF PLATS, PAGE 92 , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 56; THENCE N 87-35-15 E, ALONG THE SOUTH BOUNDARY OF SAID BLOCK No. 14 A DISTANCE OF 118.73 FEET TO A POINT OF CURVE OF A CURVE CONCAVE TO THE NORTHEAST FROM WHICH THE CENTER OF THE ARC OF SAID CURVE BEARS N 02-24-45 W, 177 . 32 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 126. 62 FEET TO THE WEST BOUNDARY OF SAID LOT No. 56; THENCE S 01-01-15 W, 43 . 39 FEET TO THE POINT OF BEGINNING. CONTAINING 1643 SQUARE FEET MORE OR LESS. SITUATE IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21, NORTH RANGE 5 EAST, W.M. Ordinance No. 4375 Exhibit A LEGAL DESCRIPTION 8th NE and Auburn Way North Realignment Parcel No. 93721-0550 THAT PORTION OF LOTS 57, 58,AND 59, BLOCK No. 14 OF C.D.HILLMAN'S AUBURNDALE ADDITION TO THE CITY OF SEATTLE, DIVISION No. 2 AS RECORDED IN VOLUME 13 OF PLATS, PAGE 92 , RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 57 ; THENCE N 01-01-15 E, ALONG THE EAST BOUNDARY OF SAID LOT No. 57 A DISTANCE OF 43 .40 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST FROM WHICH THE CENTER OF THE ARC OF SAID CURVE BEARS N 54-15-01 E, 177. 32 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, 48.74 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE N 35-44-59 W, 124 . 29 FEET TO THE SOUTHEASTERLY BOUNDARY OF LOT No. 1 OF SAID BLOCK No. 14 ; THENCE S 33-25-13 W, 15.95 FEET TO THE SOUTHEAST CORNER OF SAID LOT No. 1; THENCE N 56-34-49 W, 31.28 FEET ALONG THE SOUTHWEST BOUNDARY OF SAID LOT No. 1; THENCE S 00-49-46 E, ALONG THE WEST BOUNDARY OF SAID LOT No. 59, A DISTANCE OF 140. 84 FEET TO THE POINT OF CURVE OF A CURVE CONCAVE TO NORTHEAST FROM WHICH THE CENTER OF THE ARC OF SAID CURVE BEARS N 89-10-16 E, 47 . 00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 75. 13 FEET TO THE POINT OF TANGENCY ON THE SOUTH BOUNDARY OF SAID LOT No. 59; THENCE N 87-35-15 E ALONG SAID SOUTH BOUNDARY 89. 32 FEET TO THE POINT OF BEGINNING. CONTAINING 17 , 070 SQUARE FEET MORE OR LESS. SITUATE IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21, NORTH RANGE 5 EAST, W.M. Ordinance No. 4375 Exhibit A • LEGAL DESCRIPTION 8th NE and Auburn Way North Realignment Parcel No. 93719-0270, 0271 THAT PORTION OF LOTS 1 AND 2 , BLOCK No. 14 OF C.D.HILLMAN'S AUBURNDALE ADDITION TO THE CITY OF SEATTLE, DIVISION No. 2 AS RECORDED IN VOLUME 13 OF PLATS, PAGE 92, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERNMOST CORNER OF SAID LOT 1; THENCE N 33-25-13 E, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID LOT No. 1 A DISTANCE OF 15.95 FEET; THENCE N 35-44-59 W, 72 . 52 FEET TO THE POINT OF CURVE OF A CURVE CONCAVE TO THE EAST TO WHICH THE CENTER OF THE ARC OF SAID CURVE BEARS N 54-15-01 E, 50. 00; THENCE NORTHWESTERLY ALONG SAID CURVE, 60. 36 FEET TO THE POINT OF TANGENCY ON THE NORTHWESTERLY BOUNDARY OF SAID LOT No. 1; THENCE S 33-25-13 W, 88 .47 FEET TO THE WESTERNMOST CORNER OF SAID LOT No. 1; THENCE S 56-34- 46 E, 100.00 FEET TO THE POINT OF BEGINNING. CONTAINING 3712 SQUARE FEET MORE OR LESS. SITUATE IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21, NORTH RANGE 5 EAST, W.M. Ordinance No. 4375 Exhibit A STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Gayle Butcher, the duly appointed, qualified Deputy City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 4375 of the ordinances of the City of Auburn, entitled "AN ORDINANCE. " I certify that said Ordinance No. 4375 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the the 18TH day of SEPTEMBER A.D. , 1989 . I further certify that said Ordinance No. 4375 was published as provided by law in the Valley Daily News, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 24TH day of SEPTEMBER, A.D. , 1989. Witness my hand and the official seal of the City of Auburn this September 26, 1989, A.D. Gayle'Butcher Deputy City Clerk City of Auburn