Loading...
HomeMy WebLinkAbout96-093Resolution No. ~ A RESOLUTION OF THE CITY OF PORT TOWNSEND APPROVING SETTLEMENT OF CONDEMNATION AWARD AND AUTHORIZING PAYMENT TO THE OWNERS OF LOTS 1, 3 & 4 OF THE EMIL NELSON SHORT PLAT WHEREAS, at the December 18, 1996 meeting, the Port Townsend City Council enacted Ordinance No. 2498, determining the public necessity of condemning right of way area adjacent to San Juan Avenue and abutting lots 1, 3 and 4 of the Emil Nelson Short Plat, and directing the City Attorney to negotiate for the acquisition of the right of way and, if necessary, commence condemnation proceedings in Jefferson County Superior Court. In accordance with the Ordinance, the City commenced condemnation proceedings; and WHEREAS, Ordinance No. 2498 authorized and directed payment of compensation to the land owners from the general fund; and WHEREAS, in accordance with Washington law, the City may compensate land owners in a condemnation proceeding only for the fair market value of property, generally established by competent property appraisal; and WHEREAS, the City has completed an appraisal for the right of way area abutting the property described herein, confirmed by a review appraisal. The appraisal establishes fair market compensation as follows: Lot 1: $7,582.48; Lot 3: $3,055.25; and Lot 4: $4,277.28. The property owners have accepted the City's offer to pay these funds, which are payable from the San Juan Improvement Fund/Right of Way Purchase, Account No. 110-45. The 1996 City Budget allocates adequate funds to anticipate the acquisition, which is reimbursable from state grant funds, NOW, THEREFORE, the City Council of the City of Port Townsend resolves as follows: 1. The City Council approves the settlement of the condemnation award to the owners of Lots 1, 3 and 4 of the Emil Nelson Short Plat, in exchange for clear title to the area adjacent to San Juan Avenue as described in Ordinance No. 2498. The City Treasurer is hereby directed to issue warrants to make payment to the property owners as described in the recitals herein; 2. The City Attorney is authorized to release and disburse the settlement funds only upon final execution of all necessary settlement documents and conveyances of clear title, in fee simple, to the right of way area adjacent to San Juan Avenue abutting the properties stated herein, in accordance with Ordinance No. 2498. The Mayor is authorized to execute any documents necessary to complete the transactions. ADOPTED this 17th day of June, 1996. Attest: ? / V~a Franz,~ting-City Cle~ ~'i~:~~M~,/2ity Attorney M~"/~'M~ : - ~ Julie ayor CA*res\enfield. doc Resolution Approving Compensation Page 2 Resolution No.