ORD 80-05 ACQUISITION OF RIGHTS-OF-WAYSORDINANCE NO. 80 - 0 5
AN ORDINANCE DECLARING A PUBLIC USE AND NECESSITY FOR THE
ACQUISITION OF RIGHTS-OF-WAYS FOR STREET IMPROVEMENT
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
ATTORNEY TO INITIATE AND PROSECUTE CONDEMNATION PROCEEDINGS
TO ACQUIRE THESE PARCELS, AND PROVIDING FOR PAYMENT
THEREFOR.
The City Council of the C]ty of Winslow DO ORDAIN as
follows:
SECTION 1. The City Council of the City of Winslow has
determined that the protection of the public health, safety
welfare requires the improvement of that City street d_esignated
as Winslow Way East, said improvement consisting of wid_ening
the streets, installing parking lanes, sidewalks and a storm
sewer system, and repaving the streets, 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 require acquisition of real property
parcels described in Exhibit "A" attached hereto and
incorporated by reference herein in its entirety.
SECTION 2. That all lands, rights and pr]~vileges, and
other property necessary for a right-of-way for the
construction and operation of the street improvements described
in Section 1 above, within the limits of the strip of land
d~cribed in Section 1 above, be and the same hereby is,
condemned, appropr i ated, 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.
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SECTION 3. The entire cost of the acc~u]sition of said land
shall be paid by the City of Winslow from its Street Fund.
SECTION 4. 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,
pr i vileges 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 5. If any section, sentence, clause, or phrase of
this ordinance should be held to be _~nvalid for any reason, the
inva]idity thereof shall not affect
the validity of any other
section, sentence, clause or phrase ef this ordinance.
SECTION 6. Those pOrtiODS Of Ordinance No. 79 - 13
approved May 21, ].979, inconsistent with this ordinance are
hereby repealed.
SECTION 7. Th]s ordinance shall take effect five days
after its passage, approval and posting.
PASSED by the C i ty Counc i 1
authentication of its passage
1980.
of the City of
1.980, and
this /~b~day
of
W].nslow on
signed and
ATTEST:
N0'RMA S~J F~IX, .... CLERK/T'~EASURER
A VED AS TO PORM:
W. MCKISSON / ~
OF MCKISSON, LEHNE AND ASSOCIATES
CITY ATTORNEYS
CERTIFICATE
I, NORMA SUE FRIX, do hereby certify this orc~inance to be a
true and correct copy of Ordinance No. 80 - 05 , passed by the
C].ty Council of the City of Winslow, Bainbridge Island,
Washington, on the/~'~/..day of
1980.
CITY OF WINSLOW
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EXHIBIT "A"
PARCEL NO. !
(WINSLOW WAY EAST)
OWNERS: UNION OIL COMPANY
OF CALIFORNIA
TAX LOT NO. 099
AN EASEMENT FOR STREET AND AUTOMOBILE PARKING LANE, ALL FOR USE
BY THE GENERAL PUBLIC, TOGETHER WITH AN EASEMENT FOR STORM
SEWER AND UTILITIES AND APPURTENANCES, ON THE FOLLOWING REAL
PROPERTY SITUATED IN KITSAP COUNTY, STATE OF WASHINGTON:
THAT PORTION OF THE PARCEL DESCRIBED BELOW LYING NORTH OF THE
FOLLOWING LINE:
BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL 5 FEET
SOUTH OF THE NW CORNER; THENCE S 89 DEGREES E TO THE EASTERLY
LINE OF SAID PARCEL, EXCEPT THE WEST 90 FEET THEREOF, SAID
PARCEL DESCRIBED AS FOLLOWS:
SEC 26 TWP 25 RGE 02E PT OF LOT 3 BEG AT THE NW COR OF SD GOVT
LOT 3 & RUNG S89'29'30"E 88.22 FT S4'28'11"E 30.11 FT TO THE
TPOB S89'29'30" E 204.30 FT S 45'E 72.80 FT TO THE WLY MGN OF
OLYMPIC WAY SLY ALG THE WLY MGN OF SD OLYMPIC WAY 149.47 FT TO
A POINT OF CRV TH ALG THE ARC OF A CRV TO THE E HAVG A RAD OF
209.04 FT TO APT WH IS 210 FT S MEAS AT R/A FR THE N LN OF SD
GOVT LT 3N89*29'30"W 309.54 FT N4*28'l!"W ].80.69 FT TO THE TPOB
TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT
SLOPE EASEMENT OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED
PROPERTY SITUATED IN KITSAP COUNTY, STATE OF WASHINGTON:
THAT PORTION OF THE FOLLOWING DESCRIBED PARCELS LYING NORTH OF
THE FOLLOWING LINE. BEGINNING AT A POINT ON THE NW CORNER OF
THE ABOVE-DESCRIBED PARCEL; THENCE S 4 DEGREES 28'11" E 90 FT;
THENCE S 89 DEGREES 29'30" E 1.00 FT; THENCE N 4 DEGREES 28'11'
W TO A POINT ON THE NORTH LINE OF SAID PARCEL
THIS TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT SLOPE
EASEMENT ARE FOR THE PURPOSE OF CONSTRUCTING, INSTALLING,
RECONSTRUCTING , REPLACING, REPAIRING AND MAINTAINING A FILL
EMBANKMENT AND ALL NECESSARY APPURTENANCES THERETO, TOGETHER
WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM FOR THE
PURPOSE OF ENJOYING THE EASEMENT, AND IMMEDIATELY AFTER THE
COMPLETION OF THE CONSTRUCTION AND INSTALLATION, OR ANY
SUBSEQUENT ENTRY UPON THE EASEMENT, THE CITY OF WINSLOW SHALL
SHALL RESTORE THE PREMISES AS NEAR AS MAY BE TO ITS CONDITION
IMMEDIATELY BEFORE SUCH CONSTRUCTION OR ENTRY. AFTER
COMPLETION OF SUCH CONSTRUCTION OR RECONSTRUCTION, THE FULL USE
AND ENJOYMENT OF THE ABOVE-DESCRIBED SLOPE EASEMENT AREA SHALL
REVERT TO THE OWNERS OF SAID PARCEL, SUBJECT ONLY TO THE
LIMITATION THAT NO IMPROVEMENTS OR CONSTRUCTION SHALL BE
ALLOWED WHICH IMPAIR THE SUPPORT OF THAT ADJOINING STREET KNOWN
AS WINSLOW WAY EAST.
PARCEL NO. 3
(WINSLOW WAY EAST)
OWNERS: MARCIA WICKTOM AND
JOHN DOE WICKTOM,
HER HUSBAND; ET AL.
TAX LOT NO. 037
AN EASEMENT FOR STREET, AUTOMOBILE PARKING LANE AND SIDEWALK,
ALL FOR USE BY THE GENERAL PUBLIC, TOGETHER WITH AN EASEMENT
FOR STORM SEWER AND UTILITIES AND APPURTENANCES, ON THE
FOLLOWING REAL PROPERTY SITUATED IN KITSAP COUNTY, STATE OF
WASHINGTON:
THE SOUTH 20 FEET OF THE FOLLOWING DESCRIBED PARCEL:
SEC 26 TWP 25 RGE 02E PT OF NW 1/4 SW ]./4 BEG 1099 FT E OF SW
CORN 1/2 SW 1/4 N 120 FT E TO RIM OF RAVINE SLY ALG RIM OF
RAV I NE TO PT E O F BEG W TO BEG
TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT AND A PERMANENT
SLOPE EASEMENT OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED
PROPERTY SITUATED IN KITSAP COUNTY, STATE OF WASHINGTON:
SEC 26 TWP 25 RGE 02E PT OF NW 1/4 OF SW 1/4 BEG 1199 FT E OF
SW CORN 1/2 SW 1/4 N 80 FT TO RIM OF RAVINE SELY ALG RIM OF
RAVINE TO PT E OF BEG W TO BEG LESS THE SOUTH 20 FEET
LYING WITHIN THE FOLLOWING DESCRIBED PARCEL:
SEC 26 TWP 25 RGE 02E PT OF NW 1/4 SW 1/4 BEG 1099 FT E OF SW
CORN 1/2 SW 1/4 N 120 FT E TO RIM OR RAVINE SLY ALG RIM OF
RAVINE TO PT E OF BEG W TO BEG
THIS TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT SLOPE
EASEMENT ARE FOR THE PURPOSE OF CONSTRUCTING, INSTALLING,
RECONSTRUCTING , REPLACING, REPAIRING AND MAINTAINING A FILL
EMBANKMENT AND ALL NECESSARY APPURTENANCES THERETO, TOGETHER
WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM FOR THE
PURPOSE OF ENJOYING THE EASEMENT, AND IMMEDIATELY AFTER THE
COMPLETION OF THE CONSTRUCTION AND INSTALLATION, OR ANY
SUBSEQUENT ENTRY UPON THE EASEMENT, THE CITY OF WINSLOW SHALL
SHALL RESTORE THE PREMISES AS NEAR AS MAY BE TO ITS CONDITION
IMMEDIATELY BEFORE SUCH CONSTRUCTION OR ENTRY. AFTER
COMPLETION OF SUCH CONSTRUCTION OR RECONSTRUCTION, THE FULL USE
AND ENJOYMENT OF THE ABOVE-DESCRIBED SLOPE EASEMENT AREA SHALL
REVERT TO THE OWNERS OF SAID PARCEL, SUBJECT ONLY TO THE
LIMITATION THAT NO IMPROVEMENTS OR CONSTRUCTION SHALL BE
ALLOWED ~ICH IMPAIR THE SUPPORT OF THAT ADJOINING STREET KNOWN
AS WINSLOW WAY EAST.