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ORD 76-13 RIGHTS-OF-WAY FEESORDINANCE NO. 76-13 AN ORDINANCE DECLARING A PUBLIC USE AND NECESSITY FOR THE ACQUISITION OF RIGHTS-OF-WAYS AND FEE TITLES FOR SEWER PURPOSES OF CERTAIN PARCELS OF LAND IN KITSAP COUNTY, WASttINGTON, BEING REAL PROPERTY SITUATED WITHIN THE CITY OF WINSLOW AND BAINBRIDGE ISLAND; AUTHORIZING THE CITY ATTORNEY TO INITIATE AND PROSECUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THESE PARCELS, AND PROVIDING FOR PAYMENT THEREFOR. THE CITY COUNCIL OF THE CITY OF WINSLOW DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Winslow has deter- mined that the protection of the public health, safety and welfare requires the improvement and expansion of sewage disposal systems and the construction of new main sewer "interceptor" lines together with appurtenant lif~ station facilities. For this purpose the C~ty of Winslow, acting through its City Council, hereby finds and declares that public necessity and convenience require acquisition of the real property parcels described in Exhibit A attached hereto and incorporated by reference herein in its entirety. Section 2. That all lands, rights, privileges, and other property necessary for a right-of-way for the construction and maintenance of the sewer together with fee title for the construction and operation of certain lift stations within the limits of the strip of land described in Section 1 hereof be, and the same hereby is, condemned, appropriated, taken, and damaged for such purposes, said lands, rights, privileges, and other property to be condemned, appropriated, taken and damaged only after just compensation has been made or paid into Court for the owners thereof in the manner provided by law. Section 3. In connection with this condemnation, with respect to those parcels designated in Section 1 for which an easement inter- est only is required, the City of Winslow promises and covenants that in connection with any construction, repair, or alteration of the sanitary sewers to be constructed on the said easements, the same shall be accomplished in such a manner that the private improvements existing in the said easements shall not be disturbed or destroyed, or/in any event they are disturbed or destroyed, they will be replaced in as good condition as they were immediately before the property was entered upon by the City of Winslow, its agents, or its contractors. Section 4. The entire cost of the acquisition of said land shall be paid by the City of Winslow from its sewer pre-contract fund. Section 5. The city attorney is hereby authorized and directed to begin proceedings in the manner provided by law to condemn, take, appropriate, and damage the land, rights, privileges and other property necessary to carry out the provisions of this Ordinance and to petition the Superior Court for an Order Adjudicating Public Use and Necessity and to negotiate with the owners for the agreed acquisition of said land, failing which negotiations to proceed to trial on the issues of just compensation. Section 6. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid for any reason, the invalidity thereof shall not affect the validity of any other section, sentence, clause or phrase of this Ordinance. Section 7. This Ordinance shall take effect five days after its passage, approval and publication. PASSED BY THE CITY COUNCIL ON THIS 16th DAY OF AUGUST, 1976, AND SIGNED AND AUTHENTICATION OF ITS PASSAGE this 16th DAY OF AUGUST, 1976. -2- Parcel No. 9 O~'~ERS: Thomas W. Healy and Jane Doe Healy, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: Supplemental Replat of Madrono Park described as a fifteen-foot easement lying Southwesterly of the following described line: Commencing at the West quarter corner of Section 25, Township 25 north, Range 2 East, W.M.; .thence S l°28'21'' W along the West line of said Section 25, 1246.99 feet; thence S 52°09'18'' E 376.9~ feet; thence S 52°10'48!' E 324.32 feet; thence S 42~10'32" E 259.63 feet; thence S 45°13'10'' E 197.66 feet; thence S 3t°54~12'' E 331.30 feet to the North line of Tract "H", the Point of Beginning; thence S 31°54'12'' E 36.51 feet to the South line of the North half, of Tract "H" of said subdivision, the terminus of this description. Together with a temporary construction easement described as follows: An easement 25 feet in width, consisting of the same property described in the above easement, together with two (2) additional five-foot wide strips of land immediately adjacent to and lying on both sides of said easement. EXHIBIT Parcel No. 10. OWNERS: Steven A. Gaines and Jeanette Gaines, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: Supplemental Replat of Madrono Park described as a fifteen-foot easement lying Southwesterly of the following described line: Commencing at the West quarter corner of Section 25, Township 25 North, Range 2 East, W.M.; thence S l°28'21" W along the West line of said Section 25, 1246.99 feet; thence S 52°09'18" E 376.94 feet, thence S 52°10'48'' E 324.32 feet; thence S 42°10'32'' E 259.63 feet; thence S 45°13'10" E 197.66 feet; thence S 31~54'12" E 280.66 feet to the North line of the North 20 feet of Tract "G" the Point of Beginning; thence S 31~54'12" E 50.64 feet to the South line of Tract "G" of said Subdivision. Together with a temporary construction easement described as follows: An easement 25 feet in width, consisting of the same property described in the above easement, together with t~ ~2) additional five-foot wide strips of land immediately adjacent to and lying on both sides of said easement. Parcel No. 14 OWNERS: Charles O. Carroll and Alyce Carroll, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: Supplemental Replat of Madrono Park described as a fifteen-foot easement lying Southwesterly of the following described line: Commencing at the West quarter corner of Section 25, Township 25 North, Range 2 East, W.M.; thence S t°28'21" W along the West line of said Section 25, 1246.99 feet; thence S 52°09'18" E 376.94 feet; thence S 52°10'48" E 324.32 feet; thence S 42010'32" E 259.63 feet; thence S 45~13'10" E 108.62 feet to the North line of Tract "C," the point of beginning, thence S 45°13'10" E 89.04 feet; thence S 31°54'12" E 13.28 feet to the South line of Tract "C" of said Subdivision. Together with a temporary construction easement described as follows: An easement 25 feet in width, consisting of the same property described in the above easement, together with two (2) additional five-foot wide strips of land immediately adjacent to and lying on both sides of said easement. Parcel No. 30. OWNERS: Craig M. Peterson and Jane Doe Peterson, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: That portion of Tidelands East City Limits to East line Government Lot 4, Section 26, Township 25 North, Range 2 East, W. M., described as follows: A fifteen-foot easement lying Southerly of the following described line: Commencing at the East quarter corner of Section 26, Township 25 North, Range 2 East, W.M.; thence S l°28'21" W along the East line of said Section 26, 1246.99 feet; thence N 52°09'18" W 131.12 feet; thence N 50°06'24" W 113.41 feet to the Point of Beginning; thence N 50°06'24" W 12.55 feet, the terminusof this description Together with a temporary construction easement described as follows: An easement 25 feet in width, consisting of the same property described in the above easement, together with two (2) additional five-foot wide strips of land immediately adjacent to and lying on both sides of said easement. Parcel No. 33 OWNERS: Robert A. Davis and Jane Doe Davis, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: That portion of Tidelands East City Limits to East Line Government Lot 1, Section 26, Township 25 North, Range 2 East, W.Mo, described as follows: A fifteen-foot easement lying Southerly of the following described line: Commencing at the East quarter corner of Section 27, Township 25 North, Range 2 East, W. M., thence S 1°28'21" W along the East line of said Section 26, 1246.99 feet; thence N 52°09'18'' W 131.12 feet; thence N 50°06'24" W 389.16 feet to the Point of Beginning; thence N 50006'24" W 100.43 feet to the terminus of this description. Together with a temporary construction easement described as follows: An easement 25 feet in width, consisting of the same property described in the above easement, together with two (2) additional five-foot wide strips of land immediately adjacent to and lying on both sides of said easement. Parcel No. 37 OWNERS: John Sanwick and Shannon Stafford, co-executors of the estate of Carroll Hall, deceased; and Adelia Hall, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: That portion of Tidelands East City Limits to East line Government Lot 1, Section 26, Township 25 North, Range 2 East, W.M., described as follows: A fifteen-foot easement lying Southerly of the following described line: Commencing at the East quarter corner of Section 26, Township 25 North, Range 2 East, W.M.; thence S 1~28'21'' W along the East line of said Section 26, 1246.99 feet to the Point of Beginning; thence N 52°09'18'' W 131.12 feet; thence N 50°06'24'' W 677.90 feet; thence S 80°26'30'' W 15.21 feet to the East line of the West half of Government Lot 1; thence S 80~26'30" W 101.41 feet to the Point of Beginning; thence S 80~26'30'' W 350.61 feet; thence S 60°34'20'' E 280 feet to a Point five feet West of the West line of the City of Winslow. Together with a temporary construction easement described as follows: An easement 25 feet in width, consisting of the same property described in the above easement, together with two (2) additional five-foot wide strips of land immediately adjacent to and lying on both sides of said easement. PARCEL NO. 38 OWNERS: John Sanwick and Shannon Stafford, co-executors of the estate of Carroll Hall, deceased; and Adelia Hall, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: That portion of Williams Reserve, Williams Eagle Harbor Park, Section 26, Township 25 North, Range 2 East., W.M. described as follows: The West 5 feet of the Southeast quarter, Section 26, Township 25 North, Range 2 East, W.M., lying South of Irene Place extended. Together with a temporary construction easement described as follows: An easement 10 feet in width, consisting of the same property described in the above easement, together with an additional 5 foot strip of land immediately adjacent to and lying easterly of said easement. PARCEL NO. 39 OWNERS: Calvin S. Hall and Jane Doe Hall, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: That portion of Williams Reserve, Williams Eagle Harbor Park, Section 26, Township 25 North, Range 2 East, W.M., described as follows: a 5-foot easement described as follows: The East 5 feet of Williams Reserve, Williams Eagle Harbor Park. Together with a temporary construction easement described as follows: An easement 10 feet in width, consisting of the same property described in the above easement, together with an additional 5 foot strip of land immediately adjacent to and lying westerly of said easement. Parcel No. 50 OWNERS: Neil M. Leslie and Jane Doe Leslie, his wife. An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: A 10-foot easement the center line of which is described as follows: That portion of the Northwest quarter of the Southeast quarter of Section 27, Township 25 North, Range 2 East, W.M., described as follows: Commencing at the center of said Section 27; thence South l°03'48'' East along the centerline of said section 648.65 feet; thence South 89°41'21" East along the North line of the South half of the North- west quarter of the Southeast quarter 330.65 feet, to the Northwest corner of N.M. Leslie property; thence continuing South 89~41'21" East, 26.52 feet to the Point of Beginning; thence South 3~04'48" West 258.60 feet; thence South 0~28'48'' West 170.50 feet; thence South 62~03'12" East 154.36 feet; thence South 43°31'42'' East 251.32 feet, the terminus of this description. Together with a temporary construction easement described as follows: Together with an easement 20 feet in width, consisting of the same property described in the above easement; together with an additional 5 foot strip of land immediately adjacent to and lying each side of said easement. Parcel No. 61 OWNERS: A/~CO Investments, Inc., and Russell Trask and Jane Doe Trask, his wife An easement for sanitary sewer with appurtenances, together with an easement for a pedestrian footpath for use by members of the general public, all on the following property situate in Kitsap County, Washington: A 20 and 30 foot easement That portion of Government Lot 3, Section 26, Township 25 North, Range 2 East, W. M., described as follows: Commencing at the center of said Section 26; thence S 1°24'44" W 1322.25 feet; thence N 88°40'46'' W 1224.23 feet to a point which bears S 88°40'46'' E 88.22 feet from the Northwest cor- ner of said Government Lot 3; thence S 3039'27" E 210.80 feet; thence S 3°44'58" E 264.45 feet; thence S 72°44'43'' W 298.97 feet; thence S 76°07'59" E 182.64 feet; thence S 9°09'42" W 10 feet to the True Point of Beginning of 20 foot easement; thence N 76007'59" W 182.64 feet; thence N 72044'43" W 283.97 feet to the beginning of the centerline of 30-foot easement; thence S 6°15'00" W 15 feet East of the Easterly line of Lots 5 and 6, Block 5 of Staffords Addition to Winslow 104.52 feet to the terminus of this description. Parcel No. 61-A OWNERS: AMCO Investments, Inc Fee title for use as a sanitary sewer lift station site with appurtenanc on the following property situate in Kitsap County, Washington: That portion of Government Lot 3, Section 26, Township 25 North, Range 2 East, W.M., described as follows: Commencing at the center of said Section 26; thence S l°24'44" W 1322.25 feet; thence N 88°40'46" W 1224.23 feet to a point which bears S 88~40'46'' E 88.22 feet from the Northwest corner of said Government Lot 3; thence S 3°39'27" E 210.80 feet; thence S 3~44'58'' E 264.45 feet; thence S 72~44'43'' E 298.97; thence S 76~07'59'' E 182.67 feet to the Point of Beginning; thence S 76°07'59" E 50 feet; thence S 13~52'01" W 46.05 feet; thence N 80~50'18" W 46.05 feet; thence N 9~09'42'' E 50 feet to the Point of Beginning. Parcel No. 62 OWNERS: ARCO An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: A 20-foot easement That portion of Government Lot 3, Section 26, Township 25 North, Range 2 East, W.M., described as follows: Commencing at the Northeast corner of said Government Lot 3; thence S 89°29'30" E along the 1/16 line 707.78 feet; thence S 0°30'30'' W 156.00 feet to the Point of Beginning; thence S 0~30'30" W 119.78 feet to the Northerly right-of-way line of Olympic Way, the terminus of this description. Parcel No. 62-A OWNERS: James F. Griffiths, as managing partner for that partnership composed of James F. Griffiths, Churchill Griffiths, Albert V. Griffiths Miller N. Griffiths, Elizabeth G. Molitor, H. Arthur Ayers, Nadine A. Blackford, Monmouth Limited, a Canadian corporation with offices in Vancouver, B.C. A 20 foot Sewer Easement over and across the existing 20 foot easement as described as follows: That portion of Government Lot 3, Section 26, Township 25 North, Range 2 East, W. M., Kitsap County, Washington, described as follows: Beginning at the Northeast corner of said Government Lot 3, a concrete monument; thence along the North line of said Government Lot 3, North 89o29'30" West 758.52 feet; thence leaving said North line South 0°30'30'' West 30 feet to the South right of way of Winslow Way; thence along said right of way South 89°29'30" East 60.74 feet to Point "A"; thence leaving said right of way South 0°30'30'' West 126 feet to Point "B" North 89°29'30" West 20 feet to the True Point of Beginning; thence North 0°30'30'' East 26 feet; thence North 89029'30" West 40.74 feet; thence South 0030'30" West 108.06 feet to the Northerly right of way of Olympic Way; thence along said Northerly right of way South 52o51'45" East 50.76 feet; thence leaving said Northerly right of way North 0°30'30" East 112.35 feet to the True Point of Beginning. Together with a 20 foot easement running North 0°30'30" East with the East line thereof being the line between said Points "A" and "B" above. PARCEL NO. 64 OWNERS: Myra Cave, a widow An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: A portion of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 26, Township 25 North, Range 2 East, W.M., as follows: The South 7.5 feet of the following described property: The North half of the Southeast quarter of the Northeast quarter of the Southwest quarter; EXCEPT the South 7.5 feet thereof. Together with a temporary construction easement described as follows: An easement 12.5 feet in width, consisting of the same property described in the above easement, together with an additional 5 foot strip of land immediately adjacent to and lying North of said easement. PARCEL NO. 72 OWNERS: R. W~ Lindsay and Jane Doe Lindsay, his wife An easement for sanitary sewer with appufcenances on the following property: The North 15 feet of the following described tract: The East one-half of the West one-half of the East one-half of the Southeast quarter, Northeast quarter, Section 27, Township 25 North, Range 2 East, W.M., Kitsap County, Washington. Together with an easement 20 feet in width, consisting of the same property described in the easement above; together with an additional 5-foot strip of land immediately adjacent to and lying southerly of said easement. PARCELS NO. 76 & 79 OWNERS: Dean Eckmann and Gloria Eckmann, his wife Eckmann Construction Company Fee title to the following property situate in Kitsap County, Washington: The East 30' of the following described property: The West half of the Southeast quarter of the Northwest quarter of the Northwest quarter, Section 26, Township 25 North, Range 2 East, W.M.; EXCEPT the South 30' thereof. And: The West 5' and the South 30' of the following described property: The South half of the Southwest quarter of the Northwest quarter of the Northwest quarter, Section 26, Township 25 North, Range 2 East, W.M.; EXCEPT County Road. And: The West 5' of the following described property: The North half of the Southwest quarter of the Northwest quarter of the Northwest quarter, Section 26, Township 25 North, Range 2 East, W.M.; EXCEPT County Road. PARCEL NO. 80 OWNERS: Manuel Bucsit and Evageline Bucsit, his wife. Fee title to the following property situate in Kitsap County, Washington: The East 30 feet of the East one-half of the following described tract: The south 1/3 of the Northwest 1/4 of the Northwest 1/4 of the Northwest 1/4 and the south 1/3 of the North 1/2 of the West 1/2 of the East 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 26, Township 25 North, Range 2 East, W.M., Kitsap County, Washington. PARCEL NO. 81 OWNERS: J. Shibayama and Jane Doe Shibayama, his wife An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: A 20-foot easement Centerline of right of way of sewer line easement in the Northwest quarter of the Northwest quarter of Section 26, Township 25 North, Range 2 East, W.M., described as follows: Commencing at the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 26, thence S 88043'58" E 986.33 feet; thence N 1°20'47" E 663.84 feet to the Point of Beginning; thence S 88~43'58'' E 160 feet, more or less to the terminus of easement, being 50.00 feet West of the Westerly right-of-way line of State Highway No. 305. PARCEL NO. 81-A O~ERS: J. Shibayama and Jane Doe Shibayama, his wife Fee title for use as a sanitary sewer lift station site with appur- tenances, on the following property situate in Kitsap County, Washington A parcel of land in the Northwest quarter of the Northwest quarter Section 26, Township 25 North, Range 2 East, W.M., described as follows: Commencing at the Southwest corner of the Northwest quarter of the Northwest quarter of said Section 26, thence S 88°43'58'' E 986.33 feet; thence N 1°20'47'' E 663.84 feet; thence S 88°43'58" E 160 feet, more or less to the Point of Beginning; the Point of Beginning being 50.00 feet West of the Westerly right-of-way line of State Highway #305, thence N l°16'02'' E 25.00 feet; thence S 88~43'58'' E 52.34 feet to the Westerly right-of-way of State Highway #305, thence S 6°36'26" W along the Westerly right-of-way line of said Highway, 50.22 feet; thence N 88°43'58'' W 47.62 feet; thence N 1~16'02" E 25 feet to the Point of Beginning. PARCEL No. 90 OWNERS: Rainier National Bank of Seattle, as Trustee for Mrs. Sue Putnam An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: A strip of land fifteen feet in width the centerline of which is described as follows: Beginning at the North quarter corner of Section 26, Township 25 North, Range 2 East, W.M.; thence S 1°31'54" W 1306.38 feet; thence N 88°49'43" W 30 feet to the True Point of Beginning of said 15 foot easement; thence continuing N 88°49'43'' W 797.5 feet; thence N l°30'30" E 648.5 feet; thence N 85°06'15" W 110.66 feet; thence S 79°00'22'' W 347.71 feet; more or less to the Easterly right-of-way line of State Highway No. 305 and end of said easement. Together with a temporary construction easement described as follows: An easement 20 feet in width consisting of the same property described in the easement above; together with an additional 5-foot strip of land immediately adjacent to and lying on the south and west sides of said easements. PARCEL NO. 100 OWNERS: Unknown heirs of Oliver Runchey, deceased, and Jane Doe Runchey, his widow. An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: A fifteen foot easement Commencing at the Northeast corner of Government Lot 2, Section 26, Township 25 North, Range 2 East, W.M.; thence N 88°32'51" W along the North line of said Government Lot 2,203.47 feet; thence S 20°07'51" E 196.55 feet to the Point of Beginning; thence S 15°18'12" W 72.27 feet; thence S 32°44'13" W 125 feet, more or less to the North line of Williams Eagle Harbor Park Addition, the terminus of this easement. Together with a temporary construction easement described as follows: An easement 20 feet in width, consisting of the same property described in the above easement, together with an additional 5-foot wide strip of land immediately adjacent to and lying easterly of said easement. PARCEL NO. 100-A OWNERS: Ron Whited and Jane Doe Whited, his wife Fee title for use as a sanitary sewer lift station site with appur- tenances, on the following property situate in Kitsap County, WashingtoE That portion of the Southeast quarter of Section 22, Township 25 North, Range 2 East, W.M., described as follows: The West 50 feet of the South 70 feet, Except the South 20 feet of the Southeast quarter of said Section 22. PARCEL NO. 101 OWNERS: Unknown heirs of Oliver Runchey, deceased, and Jane Doe Runchey, his widow, a unknown contract purchasers An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: A ten-foot easement over and across a portion of Government Lot 2, Section 26, Township 25 North, Range 2 East, W.M., described as follows: Commencing at the Northeast corner of said Government Lot 2; thence West along the North line of Government Lot 2,122 feet; thence South 160 feet to the Point of Beginning; thence South 53.7 feet; thence East 10 feet; thence North 53.7 feet; thence West 10 feet to the Point of Beginning. PARCEL NO. 102 OWNERS: Mrs. Loyal T. Morgan, a widow An easement for sanitary sewer with appurtenances, on the following property situate in Kitsap County, Washington: A fifteen foot easement Commencing at the Northeast corner of Government Lot 2, Section 26, Township 25 North, Range 2 East, W.M.; thence N 88°32'51'' W along the North line of said Section 2, 203.47 feet; thence S 20°07'51" E 196.55 feet to the Point of Beginning; thence S 15°18'12'' W 72.27 feet; thence S 32°44'13'' W 125 feet, more or less to the North line of Williams Eagle Harbor Park Addition, the terminus of this easement. Together with a temporary construction easement described as follows: An easement 20 feet in width, consisting of the same property described in the above easement, together with an additional 5 foot wode strip of land immediately adjacent to and lying easterly of said easement.