ORD 97-17 ACQUSITION - FERNCLIFF AND WINSLOW WAYORDINANCE NO. 9 7 - 17
AN ORDINANCE of the City of Bainbridge Island, Washington;
authorizing and providing for the acquisition of a five-foot by
approximately 324-foot strip of land along the western right of way
of Ferncliff Avenue NE and north of Winslow Way E and south
of Gillmore Way NE, for the purpose of widening Ferncliff
Avenue NE and improving the shoulder thereof with a bicycle
pathway; providing for condemnation, appropriation and taking of
land and property rights necessary therefor; providing for the cost
thereof; directing the initiation of appropriate proceedings in the
manner provided by law for the condemnation; and electing not to
comply with Chapter 8.26 RCW in connection with the
condemnation.
WHEREAS, the City Council has determined there is a need to widen the western right
of way of Ferncliff Avenue Northeast in an area north of Winslow Way East to construct a
bicycle pathway; and
WHEREAS, in order to construct the bicycle pathway, the City needs to acquire five feet
of the eastern portion of tax parcel no. 262502-3-008-2001 ("property"); and
WHEREAS, the City has not been able to acquire the property through negotiations with
the owners of the parcel; and
WHEREAS, the City Council finds and declares it necessary and in the best interest of
the public that all interests and rights in the property be condemned, appropriated and taken for
public use, subject to the making or paying of just compensation to the owners thereof in the
manner provided by law; and
WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to
initiate eminent domain proceedings for the condemnation of the property; and
WHEREAS, the City Council desires to elect not to comply with Chapter 8.26 RCW in
connection with the acquisition of the property; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. The rights and interests in the eastern five feet of tax parcel no. 262502-3-
008-2001, located between a point approximately 318 feet north of Winslow Way East and
Gillmore Way Northeast, in Bainbridge Island, Washington, legally described in Exhibit A
attached hereto and made a part hereof ("Property"), which Property is necessary for the
widening of Ferncliff Avenue Northeast and the construction of a bicycle pathway, is
condenmed, appropriated and taken for public purposes, subject to the making or paying of just
compensation to the owners thereof in the manner provided by law.
DOCS\94700\115\0133675.01 - 1 -
Section 2. The cost and expense of acquiring all interests and rights in the Property shall
be paid for from the general fund of the City, or from such other monies that the City may have
available or attain for the acquisition.
Section 3. The City Attorney is authorized and directed to enter into any and all
negotiations and stipulations necessary to acquire the Property, or undertake proceedings
provided by law to condenm, appropriate and take the Property and carry out the provisions of
this ordinance.
Section 4. The City Council elects not to comply with the provisions of Chapter 8.26
RCW for the purpose of acquiring the Property.
Section 5. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED BY THE CITY COUNCIL this 17th day of April, 1997.
APPROVED BY THE MAYOR this 18th day of April, 1997.
Janet K. West, Mayor
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
City Attorney
FILED WITEl TttE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 4~23-97
EFFECTIVE DATE: 4-28-97
ORDINANCE NO.: 97-17
4-14-97
41.17~97
DOCS\94700\115\0133675.01 - 2 -
EXHIBIT A
A portion of the following described parcel:
That portion of the Northeast quarter of the Southwest quarter of Section 26,
Township 25 North, Range 2 East of the W.M., described as follows:
Beginning 20 rods North of the Southeast corner thereof of the North half of the
Southwest quarter; thence North 20 rods; thence West 40 rods; thence South
20 rods; thence East 40 rods to the place of beginning. EXCEPT 7.5 feet along
the South boundary of the above described tract.
Said portion being more particularly described as follows:
The East 5 feet, measured at right angles, of the above described parcel. The
westerly line of said East 5 feet being parallel with the East boundary line of the
above described parcel. Containing 0.04 ac.
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