ORD 77-16 ACQUISITION OF RIGHTS-OF-WAYSORDINANCE NO. 77-/~
AN ORDINANCE DECLARING A PUBLIC USE AND NECESSI?Y FOR
THE ACQUISITION OF RIGHTS-OF-WAYS AND FEE TITLES FOR
SEWER PURPOSES OF CERTAIN PARCELS OF LAND IN KISTAP
COUNTY, WASHINGTON, 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 disFosal systems
and the construction of new main sewer "interceptor" lines together
with appurtenant lift station facilities (that portion of the project
included by this Ordinance being designated as the "Ferry Terminal
Realignment"). For this purpose the City of Winslow, acting through
its City Council~ hereby finds and declares that public necessity
and convenience require acquisition cf 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 line together with fee title for the con-
struction 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 damages 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 in-
terest 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 improve-
ments existing in the said easements shall not be disturbed or
destroyed, or if 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 1st DAY OF AUGUST, 1977,
AND SIGNED AND AUTHENTICATION OF ITS PASSAGE THIS 1st DAY OF
AUGUST, 1977.
Frank C. Vibrans, Jr., Mayor
-2-
ATTEST:
Date of Publication: August /Or 1977.
APPROVED AS TO FORM:
Of Beresford, Booth, Lehne, McKisson
& Baronsky
City Attorneys
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Parcel No. 204
OWNERS: Bainbridge Apartments
An easement for sanitary sewer with appurtenances, on the following
property situate in Kitsap County, Washington:
That portion of Government Lot 2, Section 26, Township 25 North, Range 2 East, ~l.M.,
described as follows:
A ten foot easement lying Southerly of the following described line:
COMMENCING at the center of Section 26, Township 25 North, Range 2 East, ~I.M.; thence
South 1°24'44'' West - 1322.25 feet; thence North 88°40'46'' West - 1224.23 feet to a
point which bears South 88°40'46" East - 88.22 feet from the Northwest corner of
Government Lot 3; thence South 3039'27" East - 210.80 feet; thence South 3044'58"
East - 264.45 feet; thence South 72044'43" East - 298.97 feet; thence South 76°07'59
East - 293.16 feet; thence South 36°45'37" East - 54.32 feet; thence South 32°01'38''
East - lO0.26'feet; thence South 37°18'1]'' East - 221.58 feet; thence North 72°27'09
East - 299.01 feet] thence North 49°01' East - 420 feet, more or less, to the point
o.f beginning; thence North 49°0]' East - 234 feet, more or less to the terminus of
this description.
:
Together with a temporary construction easement described as follows:
An easement 30 feet in width consisting'of the same property described in'the~ease-
ment on the preceding page of this instrument and incorporated by this re~erence
herein, together with two (2) additional ten (10) foot wide strips of land
lately adjacen~ to and lying on both sides of said easement,
Parcel No. 208
O~qERS: Mr. and Mrs. Anton V. Oblack
A temporary construction easement only, to provide for the construc-
tion of a sanitary sewer, said easement described as follows:
That portion of Government Lot 2, Section 26, Township 25 North, Range 2
East, W.M., described as follows:
A 30 foot easement lying Southerly of the following described line:
Commencing at the center of Section 26,'Township 25 North, Range 2 East, W.M.;
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
Government Lot 3; thence S 3o39'27'' E 210.80 feet; thence S 3o44'58'' E
264.45 feet; thence S 72044'43" E 298.97 feet; thence S 76o07'59'' E
293.16 feet; thence S 36°01'38'' E 54.32 feet; thence S 32o01'38'' E 100.26 feet;
thence S 37°18'11'' E 221.58 feet; thence N 72o27'09'' E 299.01 feet; thence
N 49°01' E 949.39 feet; thence N 58°48'09'' E 228.48 feet; thence N 48°07'25'' E
19 feet, more or less; thence N 0o26' W 13 feet,. more or less along the
West boundary of the East half of Lot 3, Block A of Williams Eagle Harbor
Park to the point of Beginning; thence N 48o07'25'' E 73 feet, more or less to
the terminus of this description.
Parcel No. 211 OWIqERS: H. H. Hotson, Maritime Corp.
Mr. and Mrs. Mark D. Johnson
An easement for sanitary sewer with appurtenances, on the following
property situate in Kitsap County, Washington:
That portion of Government Lot 2 and tidelands, Section 26, Township 25 North, Range
2 East, W.M., described as follows:
A ten (lO) foot easement lying Southerly of the following described line:
Commencing at the center of Section 26, Township 25 North, Range 2 East, W.M.;
thence South l°24'44'' West - 1322,25 feet) thence North 88040'46" West - 1224.23 to
a point which bears South 88o40'46'' East - 88.22 feet from the Northwest corner of
Government Lot 3; thence South 3o39'27'' East - 210.80 feet; thence South 3044'58"
East - 264.45 feet; thence South 72044'43" East - 298.97 feet; thence South
76o07'59'' East - 293.16 feet; thence South 36o45'37'' East - 54.32 feet; thence
Scuth 32°01'38'' East - 100.26 feet; thence South 37°18'11'' East - 221.58 feet;
thence North 72o27'09'' East - 299.01 feet; thence North 49°01' East - 949.39 feet;
thence North 58°48'09'' East - 228.48 feet; thence North 48°07'25'' East - 92 feet
more or less, to the point of beginning of tidelands easement A; thence North
48°07'25" East - 7.00 feet, more or less, to the terminus of the tidelands easement
A at the meander line) thence North 48o07'25'' East - 121 feet, more or less, to the
point of beginning of easement B; thence North 48°07'25" East - 125 feet, more or
less, to the terminus of easement B and'this description.
Together with a temporary construction easement described as foll':ows:
An easement 30 feet in width, consisting of the same property described in the ease-
ment on the preceding page of this instrument and incorporated by this reference
herein, together with two (2) additional ten (10) foot wide strips of land immed-
iately adjacent to and lying on both sides of said easement.
Parcel No. 214 O%~ERS: Calvin Hall
An easement for sanitary sewer with appurtenances, on the following
property situate in Kitsap County, Washington:
That portion of Government Lot 2, Section 26, Township 25 North, Range 2 East, W.M.
described as follows: A ten foot easement lying Southerly of the following described
line: Commencing at the center of Section 26, Township 25 North, Range 2 East, W.M.,
thence S l°24'44" W 1322.25 feet; thence N 88o40'46'. W 1224.23 feet to a point which
bears S 88°40'46" E 88.22 feet from the Northwest corner of Government Lot 3; thence
S 3o39'27'' E 210.80 feet; thence S 3044'58" E 264.45 feet; thence S 72°44'43'' E
298.97 feet; thence S 76o07'59'' E 293.16 feet; thence S 36o45'37'' E 54.32 feet;
thence S 32°01'38'' E 100.26 feet; thence S 37°18'11" E 221.58 feet;
thence N 72o27'09" E 299.01 feet; thence N 49001' E 949.39 feet;
thence N 58o48'09'' E 228.48 feet; thence N 48007'25" E 346.54 feet;
thence N 62o04'22'' E 244.52 feet to the Point of Beginning; thence
N 60034'20" E 57.19 feet to the terminus of this description.
Together with a temporary construction easement described as follows:
An easement 30 feet in width, consisting of the same property describe(~ in the
easement on the preceding page of this instrument and incorporated by this ref-
erence herein, together with two (2) additional ten foot wide strips of land
immediately adjacent to and lying on both sides of said easement.
I, SUE FRIX, City Clerk of the City of Winslow, Washington,
DO HEREBY CERTIFY that the foregoing Ordinance is a true and
correct copy of Ordinance 77-/4 of said City passed by its
Council, signed and approved at a regular meeting of said Council
on the 1st day of August, 1977.