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Home My WebLink About3133 Authorizing Acquisition by Eminent Domain Howard Street Ordinance 3133 Page 1 of 2 ORDINANCE NO. 3133 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF A CERTAIN PORTION OF PROPERTY IN THE CITY OF PORT TOWNSEND NECESSARY FOR CONSTRUCTION AND MAINTENANCE OF THE HOWARD STREET EXTENSION PROJECT; DESCRIBING THE PUBLIC CONVENIENCE, USE AND NECESSITY OF SUCH PROPERTY; PROVIDING FOR THE CONDEMNATION,APPROPRIATION AND USE OF THE PROPERTY; PROVIDING THE MODE OF PAYMENT OF COST OF ACQUISITION OF THE PROPERTY; AND DIRECTING THE CITY ATTORNEY TO PROSECUTE SUCH ACTION IN JEFFERSON COUNTY SUPERIOR COURT WHEREAS, the City Council passed Resolution 15-009 on January 20, 2015, authorizing the City of Port Townsend to acquire certain real property legally described in Section 1 of this Ordinance for public use in the construction and maintenance of the Howard Street Extension Project and directing the City Manager or designee to engage the owner of the property in purchase and sale negotiations; and WHEREAS, some of the purchase and sale negotiations were not successful and the City cannot, except at great expense and delay, revise its construction plans and designs for the Howard Street Extension Project to eliminate the need to acquire the entire parcel of real property described in Section 1; and WHEREAS, the City Council finds that the only available procedure for acquisition of the required property may be by eminent domain; and WHEREAS, notice of the City's intent was provided to the affected property owner in accordance with the provisions for Section 8.25.290 of the Revised Code of Washington. NOW THEREFORE,the City Council of the City of Port Townsend do ordain as follows: Section 1. Legal description. The real property that is the subject of this ordinance is generally along the proposed Howard Street Extension Project boundaries, and comprises some or all of Jefferson County Tax Parcels as set for on the attached Exhibit A, which is attached hereto and incorporated herein by this reference. Section 2. Public use and necessity. The public convenience, use, and necessity demand the acquisition of that portion of real property described in Section 1 for construction and maintenance of the Howard Street Extension Project and for use by the public for public transportation needs. Section 3. Condemnation of property; All or so much of the real property described in Section 1 herein as may be needed by the City of Port Townsend for the construction and maintenance of the Howard Street Extension Project, as more fully described on the City's project plans and specifications, is hereby condemned and appropriated and taken for the purposes described in Section 2 herein, only after just compensation has been made, or is paid into the registry of the court for the owner thereof in a manner provided by law. Ordinance 3133 Page 2 of 2 Section 4. Costs of acquisition. The costs of the acquisition shall be paid by the general fund of the City of Port Townsend, or such other funds of the City of Port Townsend as provided by law. Section 5. Authority of City Attorney. The City Attorney is hereby authorized and directed to begin and prosecute the actions and proceedings in a manner provided by law to condemn, take, damage, and appropriate the real property necessary to carry out the provisions of this ordinance. In conducting such condemnation proceedings, the City Attorney is hereby authorized to enter into stipulations for the purpose of minimizing damages, including without limitation negotiated agreements with the owner to acquire the property prior to judgment in the condemnation proceedings. Section 6. Severability—Construction (1) If a section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. (2) If the provisions of this ordinance are found to be inconsistent with other provisions of the Port Townsend Municipal Code, this ordinance is deemed to control. Section 7. Effective date. This ordinance shall take effect and be in full force five (5) days after its passage, approval, and publication in accordance with law. Adopted by the City Council of the City of Port Townsend, Washington at a regular meeting thereof, held this 19th day of October, 2015. David King Mayor ATTEST: APPROVED AS TO FORM: Joanna Sanders, CMC Steven L. Gross City Clerk City Attorney Ordinance 3133 Exhibit A Page I of 2 ORDINANCE NO. 3133 EXHIBIT A Parcel Number Legal Description 001094032 Lot 2, Wolcott Short Plat, as per plat recorded in Volume 5 of Short Plats, pages 18 and 19, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. 997801201 All of Block 12 of Swan Park, as per plat recorded in Volume 1 of Plats, page 40, records of Jefferson County, Washington; TOGETHER WITH that portion of vacated Shasta Street vacated under Ordinance No. 1718 of the City of Port Townsend, recorded April 12, 1983 under Recording No. 283098, that would attach by operation of law. Situate in the County of Jefferson, State of Washington. 997800501 The West of Block 5, Swan Park, as per plat recorded in Volume 1 of Plats, page 40, records of Jefferson County, Washington; TOGETHER WITH that portion of vacated Shasta Street vacated by Ordinance No. 1718 of the City of Port Townsend, recorded April 12, 1983 under Recording No. 283098, which would attach by operation of law. Situate in the County of Jefferson, State of Washington. 997800402 The West of Block 4, Swan Park, as per plat recorded in Volume 1 of Plats, page 40, records of Jefferson County, Washington; EXCEPT the Easterly 30 feet; TOGETHER WITH the Easterly 30 feet of vacated Shasta Street vacated by Ordinance No. 3001 of the City of Port Townsend, which upon vacation, attached to said premises by operation of law. Situate in the County of Jefferson, State of Washington. 954000901 Lots 1 through 10, Block 9 of Glenwood Addition to the City of Port Townsend, as per plat recorded in Volume 1 of Plats, page 61, records of Jefferson County, Washington; EXCEPT the right of way for Discovery Road. Situate in the County of Jefferson, State of Washington. 997800401 The East Y2 of Block 4, Swan Park, as per plat recorded in Volume 1 of Plats, page 40, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. 997800502 The East of Block 5, Swan Park, as per plat recorded in Volume 1 of Plats, page 40, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. 989800052 Lot 52 of that certain survey recorded in Volume 18 of Surveys, page 6, under Auditor's File No. 392169, being a re-recording of Volume 16 of Surveys, pages 33 and 141, under Auditor's File Nos. 374303 and 379077 all records of Jefferson County, Washington, known as Port Townsend Business Park, Planned Unit Development, being a portion of Government Lot 2, Section 9, Township 30 North, Range 1 West, W.M., Jefferson County, Washington; TOGETHER WITH easements for ingress, egress and utilities as declared in Declaration of Covenants, Conditions and Restrictions recorded August 5, 1994 under Auditor's File No. 374305, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington. Ordinance 3133 Exhibit A Page 2 of 2 001094033 Lot 3, Wolcott Short Plat, as per plat recorded in Volume 5 of Short Plats, pages 18 and 19, records of Jefferson County, Washington. Situate in the County of Jefferson, State of Washington.