HomeMy WebLinkAbout2748 Condemnation of Real Property (Hewitt) Parcel #001 022 003 & 009, 010 & 011Ordinance No. 2748
AN ORDINANCE OF THE CITY OF PORT TOWNSEND PROVIDING
FOR CONDEMNATION OF CERTAIN REAL PROPERTY (HEWITr)
AFFECTING TAX PARCELS 0014)224)03, 0014)22'4)09, 0014)224)10 AND
0014)224)11, LOCATED GENERALLY NORTH OF "F" STREET, EAST
OF SAN JUAN AVENUE, SOUTH OF TREMONT STREET, AND ~
OF CHERRY STREET, IN THE CITY LIMITS OF PORT TOWNSEND
WtlEREAS, the City of Port Townsend, by its officers, has attempted (without
success) to purchase the real property described below for public purposes; and
WHEREAS, the City finds that in the area located generally north of
Street, east of San Juan Avenue, south of Tremont Street, and west of Cherry Street, in
the city limits of Port Townsend, alternatives exist for the location of certain municipal
improvements, namely, improvements to the City of Port Townsend's sewer trunk line
and force main extension, and non-motorized trail improvements. One alternative is to
expand an existing city utility easement from 20' to 30' in width. The other alternative
is to relocate the existing city easement generally to the westerly boundary of property
known as the Hewitt property. Under either alternative, real property is necessary for
public purposes, and that in order to acquire such property, condemnation proceedings
will have to be taken pursuant to Title 8, Revised Code of Washington;
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
as follows:
SECTION 1. The City of Port Townsend hereby declares its desire and intent
to present to the Superior Court of the State of Washington for Jefferson County, a
Petition for the Condemnation of the following described real property, to be used for
the purposes and any other public purposes as set forth above:
See Attached Legal Descriptions: Location (Maps) of Easements, Hewitt
Property, Permanent Easement (Utility, Maintenance Vehicle and Non-Motorized
Public Access; Permanent Easement (Utility, Maintenance Vehicle and Non-Motorized
Public Access); Temporary Construction Easement
Provided, as an alternative to the above, the City Administration is authorized, based
on its determination of cost and convenience to the public, to pursue acquisition though
Petition for Condemnation of an expansion of the existing city easement from 20' to
30' (additional 5' along the centerline of the existing city easemen0.
SECTION 2. The City of Port Townsend shall pay compensation therefore to
the owner(s) of said lands from the general funds of the City of Port Townsend, and
state and federal funds, as available.
SECTION 3. The Mayor and City Manager of the City of Port Townsend and
the Clerk are hereby authorized to execute, sign, and verify the Petition and any and all
other papers which may be required in said proceedings.
SECTION 4. The City Attorney for the City of Port Townsend is authorized
and directed to commence and conduct any and all proceedings necessary for the
condemnation of such property.
SECTION 5. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 25th day of September, 2000.
yor
Attest:
Approved as to Form:
Pam Kolacy, City Clerk 6/
Attached Maps/Legal Descriptions: (6 pages)
9/26/2000 eaG:Ord{Hewitt Condem.docx2}
2
John P. Watts, City Attorney
Ord. 2748
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LEGAL DESCRIPTION OF HEWITT PROPERTy
Those portions of Section 2 in Township 30 North, Range 1 West of the Willamette
Meridian, described as follows, to-wit: Beginning at the Southeast comer of Broadway
Addition to the City of Port Townsend, as per plat recorded in Volume 1 of Plats, on page
112, records, of Jefferson County; thence Westerly, along the Southerly line of said
Addition 346.40 feet to the Initial Point for this description; thence South 0 degrees 13
minutes East 922 feet to the Easterly extension of the Northerly boundary line of Hunt's
Addition to the city of Port Townsend, Washington, as per plat recorded in'Volume 2 of
Plats, on page 70, Jefferson County records; thence Westerly along the Easterly
extension of the Northerly boundary line of said Hunt's Addition, a distance of 114 feet
to the Northeasterly comer of said Addition; thence South 546.48 feet to the North line
of the Discovery Road (otherwise known as "F" Street); thence Westerly, along the
North line of said road, to the East line of Genessee Street as shown on the Plat of said
Hunt's Addition to the City of Port Townsend; thence North, along the Easterly line of
said Genessee Street, to the North line of said Hunt's Addition; thence West along the
North line of said Hunt's Addition, to the Southeast comer of Green's Addition to the
City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 61, records of
Jefferson County; thence North. along the East line of said Green's Addition, and the
extension thereof, to the Northeast comer of the four acre tract conveyed to Rose Cohen
by deed dated April 24, 1933, recorded in Volume 102 of Deeds, on page 567, Jefferson
County records; thence West 37.5 feet, more or less, to the West line of tract conveyed to
George Pitman, by deed dated July 6, 1897, recorded in Volume 36 of Deeds, on page
260, records of Jefferson County; thence North along said West line, 312 feet, more or
less, to the South line of Broadway Addition hereinbefore mentioned; thence East along
the South line of said Broadway Addition 489 feet, more or less, to said Initial Point;
said tract being designated on the County Assessor's P1at and Description Book as Tax
Nos. 46, 52, 53-and 54 of said Section 2; EXCEPTING THEREFROM the following
described tract: BEGINNING at the Southeast comer of"Reserve" tract in said plat of
Hunt's Addition; thence North along the East line of said Reserve tract 200 feet; thence
West 120 feet; thence South parallel with the East line of said reserve tract to the
Northerly right-of-way line of Discovery Road; thence Southeasterly along said right-of-
way line to POINT OF BEGINNING. ALL situated in the County of Jefferson, State of
Washington.
Page 1 of 1 Revised: 8/23/00
PERMANENT EASEMENT (UTILITY, MAINTENANCE VEHICLE AND NON-
MOTORIZED PUBLIC ACCESS)
BEGINNING at the intersection of the Northerly fight-of-way line of F Street (otherwise
known as Discovery Road) and the Easterly right-of-way line of Genessee Street; thence
North along the Easterly right-of-way line of Genessee Street to the North line of Hunt's
Addition to the City of Port Townsend~ as per plat recorded in Volume 1 of Plats, Page
112, records of Jefferson County; thence continuing North along the Northerly extension
of the Easterly right-of-way line of Genessee Street to intersect a line parallel to and 50
feet North of the North line of said Hunt's Addition; thence East along a line parallel to
and 50 feet North of the North line of said Hunt's Addition to intersect a line parallel to
and 30 feet East of the Northerly extension of the East right-of-way line of Genessee
Street; thence South along a line parallel to and 30 feet East of the Northerly extension of
the East right, of-way line of Genessee Street and the East right-of-way line of Genessee
Street to a point 60 feet North of the North right-of-way line of F Street; thence
S20800'00"E a distance of 67.91 feet more or less to intersect the North right-of-way line
ofF Street; thence Westerly along the North right-of-way line ofF Street to the Easterly
fight-of-way line of Genessee Street; POINT OF BEGINNING.
Page 2 of 2 Revised: 8/23/00
PERMANENT EASEMENT (UTILITY, MAINTENANCE VEHICLE AND NON-
MOTORIZED PUBLIC ACCESS)
BEGINNING at the intersection of the Easterly right-of-way line of Genessee Street and
the North line of Hunt's Addition to the City of Port Townsend, as per plat recorded in
'Volume 1 of P1ats, Page 112, records of Jefferson County; thence West along said North
line of said Hunt's Addition to the Southeast comer of Green's Addition to the City of
Port Townsend, as per plat recorded in Volume 2 of Plats, Page 6t, records of Jefferson
County; thence North along the East line of said Green's Addition to the Southeast comer
of Lot 1 of the San Juan Commons Short Plat, as per plat recorded in Volume 4 of Plats,
Page 97, records of Jefferson County; thence N00800'09"W along the East line of said
Lot 1 a distance of 301.62 feet to the Northeast comer of said Lot 1; thence S89859'51"W
along the North line of said Lot 1 a distance of 32.52 feet to the Southeast comer of Lot 2
of said San Juan Commons Short Plat; thence N00804'49"E along the East line of said
Lot 2 a distance of 180.00 feet; thence S03821'23"E a distance of 306.65 feet more or
less to intersect a line parallel to and 30 feet East of the East line of Lot 1 of said San
Juan Commons Short Plat; thence South on a line parallel to and 30 feet East of the East
line of said Lot 1 and the East line of said Green's Addition to a point 80 feet North of
the North line of said Hunt's Addition; thence S45800'00"E a distance of 42.43 feet more
or less to intersect a line parallel to and 50 feet North of the North line of said Hunt's
Addition; thence East along a line parallel to and 50 feet North of the North line of said
Hunt's Addition to intersect the Northerly extension of the East right-of-way line of
Genessee Street; thence South along the Northerly extension of the East right-of-way line
of Genessee Street to the North line of said Hunt's Addition, POINT OF BEGINNING.
page 3 of 3 Revised: 8/23/00.
TEMPORARY CONSTRUCTION EASEMENT
A strip of land 10 feet in width located adjacent to and Northerly and Easterly of the
following described line:
BEGINNING at'a point on the East line of Lot 2 of the San Juan Commons Short Plat, as
per plat recorded in Volume 4 of Plats, Page 97, records of Jefferson County located
180.00 feet North of the Southeast comer of said Lot 2; thence S03821'23"E a distance of
306.65 feet more or less to intersect a line parallel to and 30 feet East of the East line of
Lot 1 of said San Juan Commons Short Plat; thence South on a line parallel to and 30 feet
East of the East line of said Lot 1 and the East line of Green's Addition to the City of Port
Townsend, as per plat recorded in Volume 2 of Plats, Page 61, records of Jefferson
County to a point 80 feet North of the North line of Hunt's Addition to the City of Port
Townsend, as per plat recorded in Volume 1 of Plats, Page 112, records of Jefferson
County; thence S45800'00"E a distance of 42.43 feet more or less to intersect a line
parallel to and 50 feet North of the North line of said Hunt's Addition; thence East along
· a line parallel to and 50 feet North of the North line of said Hunt's Addition to intersect a
line parallel to and 30 feet East of the Northerly extension of the East right-of-way line of
Genessee Street said intersection being the terminus of the line.
Page 4 of 4 Revised: 8/23/00