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HomeMy WebLinkAbout2163 - Not Signed - Condemnation of Real Property to Create a New Public Street Connecting Cook Avenue and 49th Street After Closing Another Portion Due to ErosionORDINANCE NO. Z~7 AN ORDINANCE PROVIDING FOR THE CONDEMNATION OF CER- TAIN REAL PROPERTY IN THE CITY OF PORT TOWNSEND DE- SCRIBED AS A PORTION OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 31 NORTH, RANGE ! WEST, W.M., SITUATE IN THE CITY OF PORT TOWNSEND, JEFFERSON COUNTY, WASHINGTON, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Port Townsend, by its officers, has at- tempted to purchase the real property described below for public purposes, but has been unsuccessful in purchasing said property by reason of a failure to negotiate and agree upon a purchase price, and WHEREAS, the City finds that it has become necessary to close a portion of Cook Avenue and Forty-Ninth Street within the City due to erosion and undermining of the bluff located near the in- tersection of said streets, and therefore it is necessary to ac- quire~'~and establish a public street connecting Forty-Ninth Street with Cook Avenue, and WHEREAS, the City finds that the real property described below is necessary for that and other public purposes, including but not limited to establishment of a City street, together with utility lines and other uses and purposes in connection therewith, and that in order to acquire such property, condemnation proceedings will have to be taken pursuant to Title 8, Revised Code of Washing- ton, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: Section 1. The City of Port Townsend does hereby declare 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 pur- poses and any other public purposes as set forth above: As set forth on attached Exhibit A, incorporated herein by this reference as if set forth in full. Section 2. The City of Port Townsend shall pay compensation therefor to the owners of said lands from the General Fund of the City of Port Townsend. Section 3. The Mayor of the City of Port Townsend and the City Clerk are hereby authorized and directed to 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 pro- ceedings necessary for the condemnation of such property. Section 5~ This Ordinance shall take effect upon its passage, approval and publication in the form and manner provided by la~¢. Read for the first, second and third times, passed by the City Council for the City of Port To~nsend and approved by the Mayor on this day of , 1989. Attest: Mayor Brent Shirley David Grove, City Clerk Appr~d as to~ form: - 2 - EXHIBIT A A parcel of land situate in the Northeast ~, Section 33, Township 31 North, Range 1 West, WM, fore fully described as follows: Beginning at the intersection of the east right-of-way line of Offutt Street and the southeasterly right-of-way line of Cook Avenue; thence southerly along said easterly line of Offutt Street a distance of 90.33 feet to the southwest corner of Lot 5, Block 39, Fowlers Park Addition to the City of Port Townsend; thence easterly along and parallel to the south line of Lots 5 and 26 to the centerline of Mason Street a distance of 241.73 feet; thence southerly along said centerline of Mason Street a distance of 51.56 feet; thence easterly to and along the south llne of Lots 10 and 11, Block 50, Fowlers Park Addition to the City of Port Townsend to the westerly right-of-way line of Thomas Street a distance of 241.73 feet; thence northerly along and parallel to said right-of-way line a distance of 40.79 feet; thence in a northwesterly direction to the point of beginning.