ORD 78-15 ACQUISITION OF RIGHTS-OF-WAYSORDINANCE NO. 78- ] 5
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, WASHINGTON, BEING REAL PROPERTY SITUATED WITHIN
THE CITY OF WINSLOW AND BAINBRIDGE ISLAND; AUTHORIZING
THE CITY ATTOP~EY TO INITIATE AND PROSECUTE CONDEMNA-
TION PROCEEDINGS TO ACQUIRE THESE PARCELS, AND PROVID-
ING 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
determined that the protection of the public health, safety
and welfare requires the improvement and expansion of the
sewage disposal system and the construction of new main
sewer lines together with necessary appurtenances. For
this purpose the City of Winslow, acting through its City
Council, hereby finds and declares that public necessity and
convenience requires acquisition of that real property
parcel described as follows:
Parcel No. 3C-1
Owner:
Richard H. Hood
and Jane Doe Hood,
his wife
An easement for sanitary sewer with appurtenances,
on the following property situate in Kitsap
County, Washihgton:
An easement on that portion of Lot 5,
Block 3 of Williams Eagle Harbor Park, as
per plat recorded in vol. 3 of Plats, page
86, records of Kitsap County, in Section 26,
Township 25 N., Range 2 E. W. M., described
as follows: Commencing at N. E. corner
of said Lot 5, Block 3, which is the Point
of Beginning; thence S.60° W. 12 ft.; thence
So 31° 53' 28" E. 151.52 ft.; thence N. 60°
E 7ft.; thence N. 30° W. 151.44 ft. to the
Point of Beginning.
TOGETHER with a temporary construction
easement described as follows:
An easement on that portion of Lot 5,
Block 3 of Williams Eagle Harbor Park, as per
plat recorded in vol. 3 of Plats, page 86,
records of Kitsap County, in Section 26,
Township 25 N., Range 2 E. W. M., described
as follows: Commencing at N. E. corner of
said Lot 5, Block 3, which is the Point of
Beginning; thence S. 60° W. 27ft.; thence So.
31° 53' 28" E. 151.52 ft.; thence N. 60°
E. 22 ft.; thence N. 30° W. 151.44 ft. to
the Point of Beginning.
Section 2. That all land, rights, privileges, and
other property necessary for a right-of-way for the con-
struction and maintenance of the sewer line 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, privi-
leges, 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, the
City of Winslow promises and covenants that as to any con-
struction, 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 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 "LID 3C
Sewer Construction 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
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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 17th DAY OF JULY,
1978, AND SIGNED AND AUTHENTICATION OF ITS PASSAGE THIS 17th
DAY OF JULY, 1978.
ATTEST:
1 y er - reasurer
Date of Publication: July
APPROVED AS TO FORM:
Robert W. McKisson City Attorney
Alice Tawre~
, 1978.
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