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HomeMy WebLinkAbout3195 Related to the Acquisition by Eminent Domain of a Certain Portion of Property Outside the City of Port Townsend Necessary for Construction and Maintenance of the Howard Street Regional Stormwater ProjectOrdinance 3195 Page 1 of 2 ORDINANCE NO. 3195 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED TO THE ACQUISITION BY EMINENT DOMAIN OF A CERTAIN PORTION OF PROPERTY OUTSIDE THE CITY OF PORT TOWNSEND NECESSARY FOR CONSTRUCTION AND MAINTENANCE OF THE HOWARD STREET REGIONAL STORMWATER 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 16-024 on May 16, 2016, authorizing the City Manager to award and sign all contracts for the design and construction of the Howard Street Regional Stormwater Project; and, WHEREAS, the Project will require the acquisition of the 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 Jefferson County Tax Parcel Number 001-162-017, the legal description of which is attached as Exhibit A. 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 Regional Stormwater Project and for use by the public for stormwater conveyance, treatment, and detention 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 Regional Stormwater 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. 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. Ordinance 3195 Page 2 of 2 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 March, 2018, Deborah S. Stk11"o- Mayor oMayor ATTEST; Joanna Sanders, MMC City Clerk APPROVED AS TO FORM: Steven L. Gross City Attorney Ordinance 3195 Exhibit A EXHIBIT A LEGAL DESCRIPTION That portion of the following described property lying Easterly of the right of way for Glen Cove Road otherwise known as Mill Road), Beginning at the Northeast corner of the Northwest'/4 of Section 16, Township 30 North, Range 1 West, W.M., thence South 1251 feet; thence West 1387 feet; thence North 1251 feet; thence East 1387 feet to point of beginning Except the following described property® That portion of"the Northeast'/4 of the Northwest q/4 of Section 16, Township 30 North, Range 1 West„ W.M., Jefferson County, Washington being more particularly described as follows: Commencing at the North 1/4 of Section 16; thence South 02° 01' 25" West along the East line of the Northwest 1/4 of Section 16 for a distance of 361.76 feet to the Point of Beginning; thence continuing South 02° 01' 25" West along said line 100.31 feet to the Easterly right of way line of Mill Road; thence North 40° 41' 03" West along said Easterly right of way line 102.32 feet; thence Easterly along a curve to the right having a radial rearing of South 19° 38' 44" East, a central angle of 03° 31' 34" and a radius of 1199.49 feet, for a distance of 73.82 feet; to the Point of Beginning. Situate in the County of Jefferson, State of Washington.