HomeMy WebLinkAbout2475 Condemnation of Land for Street, Sidewalk, Utility and Other Right-of-Way PurposesOrdinance No. ~'~Tf
AN ORDINANCE OF THE CITY OF PORT TOWNSEND 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
WItI~REAS, 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
WHEREAS, the real property described herein is necessary for the completion of the
San Juan Avenue improvement project; and
WHEREAS, thus far, reasonable efforts to negotiate the acquisition of the described
property have been unsuccessful; and
WlrlEREAS, 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, hand 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 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:
The easterly 20 feet of the following described parcel:
Commencing at a point of 16.5 feet North of the Northeast comer
of Moore Place Addition to the City of Port Townsend, and
running thence West 1336.5 feet; thence North 115.5 feet, thence
East along the South line of Wayson's Addition to the City of Port
Townsend, 1336.5 feet to the centerline of San Juan Avenue;
thence South 115.5 feet to the place of beginning. Situate in
Section 3, Township 30 North, Range 1 West, W.M., EXCEPT
any portion thereof that lies within the existing right of way for
San Juan Avenue.
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 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 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 mee~ ~ day of September,
1995.
I n M. ~i'~, Mayor
Attest:
Ord{SanJuan.doc} [95-097 Pub Works]