HomeMy WebLinkAbout2498 Condemnation of Land for Street, Sidewalk, Utility and Other Right-of-Way PurposesOrdinance No..~'q~
AN ORDINANCE OF THE CITY OF PORT TOWNS~ AUTHORIZING
CONDEMNATION OF LAND FOR STREET, SIDEWALK, UTILITY, AND
OTHER RIGHT-OF-WAY PURPOSES
WHEREAS, the City of Port Townsend has commenced a public works project to
improve and widen San Juan Avenue, within the City of Port Townsend, Washington; and
WHEREAS, pursuant to its authority under the Washington State Constitution, and
RCW 8.12.030, the City of Port Townsend is authorized to acquire by condemnation land and
property for the opening, widening, extending, altering, and straightening of any street, avenue,
alley, or highway, and to damage and condemn any property for such purpose; and
!~OtEREAS, the real property described herein is necessary for the completion of the
San Juan Avenue improvement project; and
WHEREAS, reasonable efforts to negotiate the acquisition of the described property have
been unsuccessful, in part due to unascertained ownership of the property and due to pending
adverse possession claims by abutting property owners; and
WHEREAS, an appraisal for the property has been ordered, and the City of Port
Townsend is prepared to offer just compensation, paid from the general fund,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
IN REGULAR SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS:
1. That it is hereby determined that a portion of the improvements for San Juan
Avenue, including street, sidewalk, utility, stormwater, and other right-of-way needs, are to be
laid out, established, constructed and maintained on the property legally described herein, all
within the City of Port Townsend, Jefferson County, Washington, and that said street and right-
of-way facilities shall be used, occupied, improved, and developed in a manner necessary and
convenient for public use; and
2. That the Council hereby determines that it is necessary and desirable that the City
of Port Townsend shall acquire fee title to and possession of the following described real
property, in that said real property is necessary and required, for the public right-of-way
improvement project along San Juan Avenue, wholly within the limits of the City of Port
Townsend, to wit:
That portion of San Juan Avenue right-of-way as described and
dedicated in the plat of the Arcade Addition to the City of Port
Townsend, Plat Book No. 2, Page 53, said property constituting the
35-foot strip of land abutting, adjacent to, and lying west of lots 1, 3
and 4 of the Emil Nelson Short Plat, recorded at Jefferson County
Auditors File No. 321745, Situate in Jefferson County, Washington;
and
3. That the Office of the City Attorney of Port Townsend, and/or the City Attorney's
designee, shall and hereby is authorized, empowered, and directed to negotiate for and on behalf
of the City of Port Townsend with the owner(s) of the above described property for the purchase
thereof by the City of Port Townsend; and
4. In the event that the City of Port Townsend is unable to agree with the owner(s) of
said real property, upon the compensation to be paid therefor, then fee title and possession of
said real property specifically described in Section 2 of this Ordinance, shall be acquired by the
City of Port Townsend, and that the Office of the City Attorney, Port Townsend is hereby
authorized, empowered, and directed to institute legal proceedings in the Jefferson County
Superior Court, or other court of competent jurisdiction to acquire fee title and possession of
said property for the City of Port Townsend in accordance with RCW 8.12, et seq., and the
eminent domain laws of the State of Washington; and
5. That compensation for the condemnation of the said real property shall be paid from
the general fund, and not from special assessment on any benefitted properties.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 18th day of December,
1995.
Attest:
~ildt, ~cting City Clerk
Approved as to Form:
~~ers, A'~i-statit City Attorney
12/07/95 Ord{SanJuan.doc}
[954)97 Pub Works]
M. Clise, Mayor
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