ORD 97-13 LAND ACQUISITION AT 280 MADISON AVEORDINANCE NO. 97-13
AN ORDINANCE of the City of Bainbridge Island, Washington;
authorizing and providing for the acquisition of land located at
280 Madison Avenue N., Bainbridge Island, Washington, for the
purpose of constructing the new City Hall building and facilities
and parking associated with the building and facilities; 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 construct a new City Hall
building and facilities and parking associated with the building and facilities; and
WHEREAS, the property located at 280 Madison Avenue N., commonly known as the
BP Oil site, Bainbridge Island, Washington, together with the adjacent real property is the site
for the new City Hall building and facilities and parking associated with the building and
facilities; and
WHEREAS, the City has not been able to acquire the property through negotiations with
the owner of the property; 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 property located at 280 Madison Avenue N.,
Bainbridge Island, Washington, legally described in Exhibit A attached hereto and made a part
hereof ("Property"), which Property is necessary for the construction of a new City Hall
building and facilities and parking associated with tile building and facilities, is condemned,
appropriated and taken t:br public purposes, subject to the making or paying of just compensation
to tile owners thereof in the manner provided by law.
DOCS\94700\I20'x0131451.01 - 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 condemn, 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 20th day of March, 199'7.
APPROVED BY THE MAYOR this 21st day of March, 1997.
Janet K. West, Mayor
ATTEST/A UTHENTICATE:
APPROVED AS TO FORM:
City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NO.:
March !8, !997
March 20, 1997
March 26, 1997
March 26, 1997
March 31, t997
97~,13
DOCS,~94700'~120',~0131451.01 - 2 -
EXHIBIT A
Parcel I
Lot 9, Winslow Business Addition, as per plat recorded in Volume 7 of
Plats, Page 38, records of Kitsap County, Washington.
Parcel II
That portion of the Northwest quarter of the Southwest quarter. Section
26, Township 25 North, Range 2 East, W.M., in Kitsap County,
Washington, described as follows:
Commencing at a point which is 446 feet North and 20 feet East of the
Southwest corner of the North half of the Southwest quarter, said Section
26; thence North 50 feet; thence East 200 feet; thence South 50 feet;
thence West 200 feet to the True Point of Beginning.
DOCSX, 94700'~ 120x, 0131451.01 - 3