HomeMy WebLinkAbout09-018 Aquisition of easements by eminent domain. Upper Sims Way Improvement ProjectRESOLUTION NO. 09-018
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, RELATING TO THE ACQUISITION BY EMINENT DOMAIN OF
EASEMENTS ON CERTAIN PORTIONS OF PROPERTY IN THE CITY OF PORT
TOWNSEND NECESSARY FOR THE UPPER SIMS WAY IMPROVEMENT
PROJECT
RECITALS:
In connection with the City's ongoing planning efforts to accomplish transportation
improvements to Upper Sims Way, the design process has identified easements over
corners of six properties that are necessary to accomplish the project and to address
the project objectives.
2. The necessary easement area, owner of record according to the tax rolls of .Tefferson
County, and current use, are:
• Convenience Retailers formerly lrnown as Petrosun (gas station and
convenience store), northeast corner of Sims and Howard - 2,007 SF (plus a
temporary construction easement);
• Garrison (office building), northwest corner of Sims and Howard - 4,216 SF;
• Grace (office and commercial buildings), southeast corner of Sims and
Howard - 2,230 SF;
• Pacific Funding (vacant), southwest corner of Sims and Howard - 554 SF
(plus a temporary construction easement and a drainage easement);
• Kline (flower shop), southeast corner Sims and Thomas - 1,717 SF;
• Reeves (craft shop), northeast corner Sims and Thomas - 864 SF (plus a
temporary construction easement).
3. The legal descriptions for the easements are described in Exhibit A (attached).
4. The City's preference is to purchase said easements through negotiations with the
owners of said properties, and it appears negotiations will be successful.
5. This Resolution declares that the City would have authorized condemnation to
acquire easements needed for the project had negotiations not been successful.
6. Acquisition under "threat of condemnation" provides tax benefits to owners with no
downside to owners. Some owners have stated a desire that their easement be
acquired under "threat of condemnation" for this reason.
Resolution U9-018
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Port Townsend as follows:
The City Council declares the easements in Exhibit A are necessary for the Upper Sims Way
Improvement Project, and the City Council would have authorized condemnation to acquire
the easements had negotiations for acquisition by agreement not been successful.
ADOPTED by the City Council of the City of Port Townsend at a regular
meeting thereof, held this twentieth day of April, 2009.
Attest:
Pamela Kolacy, MMC
City Clerk
~ ~~~~
Michelle Sandoval, Mayor
Approved as to form:
John P. Watts
City Attorney
Resolution U9-018
Exhibit A
thence continuing North 0°53'22" East, along said Thomas Street right ofway, 27.91 feet; thence
South 89°06'38" East 14.00 feet; thence South 0°53'22" West 45.00 feet; thence South
29°57'52" East 65.18 feet; thence North 89°06'38" West 15.76 feet to anon-tangent curve, the
radius point which bears North 49°09'57" East 115.03 feet; thence Northwesterly along said
curve through a central angle of 28°03'46" for a distance of 56.34 feet; thence North 12°46' 16"
West 24.34 feet to the True Point of Beginning and the end of the description.
Containing 0.03 Acres, 1,484 Square feet more or less
Prepared at the request o£
The City of Port Townsend
February 25, 2009
John C. Bentley
PLS Cert.#29268
Attachment to Resolution 09-018
Exhibit A
Roadway Takes
A.P. # 974700202 CONVENIENCE RETAILERS (formerly PETROSUN)
That portion of Section 9, Township 30 North, Range 1 West, W.M., Jefferson County,
Washington described as follows:
Beginning at the southwest corner of Block 2 ofNational City Addition, recorded under Volume
2 of Plats, Page 150, records of Jefferson County, Washington, said point is also the intersection
of the east right of way of Howard Street and the north right of way of Sims Way; thence North
0°53'22" East along said Howard Street right ofway,116.89 feet; thence South 07°05'20" East
17.86 feet to anon-tangent curve, the radius point which bears North 82°28' 34"East 169.24 feet;
thence southeasterly along said curve through a central angle of 23°33' 17" for a distance of 69.58
feet to the beginning of a compound curve, the radius point which beazs North 59°45' S 1"East
63.00 feet; thence southeasterly along said curve through a central angle of 36°08'48" for a
distance of 39.75 feet to the north right of way of said Sims Way; thence South 81°55'34" West,
along said right of way, 56.61 feet to the point of beginning and the end of this description.
Containing 0.05 Acres, 2007 Square feet more or less
A.P. # 001094031 GARRISON
That portion of Section 9, Township 30 North, Range 1 West, W.M., Jefferson County,
Washington described as follows:
Beginning at the southeast corner of the Wolcott Short Plat, recorded under Volume 5 of Short
Plats, Page 18-19, records of Jefferson County, Washington, said point is also the intersection of
the west right of way of Howard Street and the north right of way of Sims Way; thence South
81°55'34" West along said Sims Way, 38.54 feet; thence North 52°19'02" East 23.11 feet;
thence North 0°53'22" East 195.58 feet to said Howazd Street right of way; thence South 89°
06'38 East, along said right of way, 20.00 feet; thence South 0°53'22" West, along said right of
way, 203.99 feet to the point of beginning and the end of this description .
Containing 0.09 Acres, 4,216 Square feet more or less
A.P. # 001094002 PACIFIC FUNDING
That portion of Section 9, Township 30 North, Range 1 West, W.M., Jefferson County,
Washington described as follows:
Beginning at the southwest comer of the intersection of Howard Street and Sims Way; thence
South 0°53'22" West along said Howazd Street right of way, 43.04 feet; thence North 89°06'38"
West 6.89 feet; thence North 16°22'43" West 41.88 feet to the south right of way of Sims Way;
thence North 81°55'34" East, along said right of way,19.56 feet to the point ofbeginning and the
end of this description.
Containing 0.01 Acres, 554 Square feet more or less
d Attachment to Resolution 09-018
Exhibit A
A.P. # 974700405 GRACE
That portion of Section 9, Township 30 North, Range 1 West, W.M., Jefferson County,
Washington described as follows:
Beginning at the northwest corner of Block 4 ofNational City Addition, recorded under Volume
2 of Plats, Page 150, records of Jefferson County, Washington, said point is also the intersection
of the east right of way of Howazd Street and the south right of way of Sims Way; thence North
81°55'34" East, along said right of way of Sims Way, 117.19 feet; thence South 08°04'26" East
7.00 feet; thence South 81 °55' 34" West 58.22 feet to anon-tangent curve, the radius point which
bears South 31°19'01" East 265.13 feet; thence Southwesterly along said curve through a central
angle of 03°34' 35" for a distance of 16.55 feet to the beginning of a compound curve, the radius
point which bears South 34°53'35" East 97.00 feet; thence Southwesterly along said curve
through a central angle of 23°35'41" for a distance of 39.94 feet; thence South 31°30'44" West
18.27 feet to a curve, the radius point which beazs South 58°29' 16" East 147.00 feet; thence
Southwesterly along said curve through a central angle of 08°22'51" for a distance of 21.50 feet
to said Howazd Street right of way; thence North 0°53'22" East along said right of way, 71.22
feet to the point of beginning and the end of this description.
Containing 0.05 Acres, 2,230 Square feet more or less
A.P. # 94825502 REEVES
That portion of Section 10, Township 30 North, Range 1 West, W.M., Jefferson County,
Washington described as follows:
Beginning at the southwest corner of Block 255 of Eisenbeis Addition, recorded under Volume 2
of Plats, Page 24, records of Jefferson County, Washington, said point is also the intersection of
the east right of way of Thomas Street and the north right of way of Sims Way; thence North
0°53'22" East, along said Thomas Street right of way, 73.04 feet; thence South 12°46' 16" East
24.34 feet to a curve, the radius point which bears North 77°13'44" West 115.03 feet; thence
Southeasterly along said curve through a central angle of 28°03'47" for a distance of 56.34 feet
to said Sims Way right of way; thence North 89°06'38" West, along said right of way, 31.67 feet
to the point of beginning and the end of the description.
Containing 0.02 Acres, 864 Square feet more or less
A.P. # 948325806 KLINE
That portion of Section 10, Township 30 North, Range 1 West, W.M., Jefferson County,
Washington described as follows:
Beginning at the northwest comer of Block 258 of Eisenbeis Addition, recorded under Volume 2
of Plats, Page 24, records of Jefferson County, Washington, said point is also the intersection of
the east right of way of Thomas Street and the south right of way of Sims Way; thence North
81°55'34" East, along said Sims Way right of way, 60.67 feet to anon-tangent curve, the radius
point which bears South 38°10'23" East 155.73 feel, thence Southwesterly along said curve
through a central angle of OS°13' 19" for a distance of 14.19 feet to the beginning of a compound
curve, the radius point which bears South 48°29'54" East 80.50 feet; thence Southwesterly along
said curve through a central angle of 03°47' 12" for a distance of 5.32 feet to the beginning of a
compound curve, the radius point which beazs South 39°36'31" East 117.00 feet; thence
Southwesterly along said curve through a central angle of 33°28'45" for a distance of 68.37 feet;
Attachment to Resolution 09-018
Exhibit A
thence North 89°06'38" West 8.93 feet to said Thomas Street right of way; thence North
0°53'22" East, along said right of way, 60.24 feet to the point of beginning and the end of the
description.
Containing 0.04 Acres, 1,717 Square feet more or less
Prepared at the request of:
The City of Port Townsend
February 25, 2009
John C. Bentley
PLS Cert.#29268
Attachment to Resodutlon 09-018