ORD 78-32 IMPROVING PARFITT WAYCITY OF WINSLOW
ORDINANCE 78-32
AN ORDINANCE ordering the improvement of certain properties
within the City of Winslow by improving Parfitt Way S.W.
from approximately 700 feet West of Mad]son Ave. S. to the
intersection with Madison Ave. S. and by improving Madison
Ave. S. from the intersection with Parfitt Way S.W. to
approximately 80 feet North of Parfitt Way S.W. which
improvements include the construction and installation of
approximately six hundred and eighty-five lineal feet of
curb and gutter; approximately two hundred and fifty lineal
feet of six-foot wide sidewalk; approximately eight hundred
lineal feet of eight-foot wide aspbaltic street;
approximately two hundred lineal feet of relay storm sewer;
approximately thirty-four hundred square feet of concreted
and brick ~nlay together with additional storm drain;
approximately two hundred and fifty lineal feet of bank
protection OD the north side of Parf]tt Way together with
grading and additional cost to the existing street project
to lower the grade at Parf]tt and Mad]son together with all
necessary work in connection therewith, all in accordance
with Resolution No. 78 - 5 of the City Council of the City
of Winslow, Washington; establishing Local Improvement
District #5; providing that payment for such improvement be
made by special assessments against the properties
specially benefited thereby in that District, payable by
the mode of "payment by bonds"; and providing for the
issuance and sale of Local Improvement Distr~ct Warrants
redeemable in cash and Local Improvement District Bonds.
PREAMBLE
1. On October 16, ]978, the City Council of the City of
Winslow, Washington (the "City") adopted Resolution # 78-5
declaring its intention to order, the improvement of certain
properties within the City of Winslow by improving Parf]tt Way
Southwest from approximately seven hundred feet west of Madison
Avenue South to the intersection with Madison Avenue South and
improving Madison Avenue South from the intersection of Parfitt
Way Southwest to approximately eighty feet North of Parfitt Way
South which improvements shall be the construction and
~nstal!ation of approx]mste]y six hundred and eighty-five
lineal feet of curb and gutter; approximately two hundred and
fifty lineal feet of six-foot wide sidewalk; approximately
e~ght hundred lineal feet of eight-foot wide aspbaltic street;
approximately two hundred lineal feet of relay storm sewer;
approximately thirty-four hundred square feet of concreted and
brick inlay together with add]tonal storm drain; approximately
two hundred and fifty lineal feet of bank protection on the
north side of Parfitt Way together with grading and additional
cost to the existing street project to lower the grade at
Parfitt and Madison, together with all necessary work in
connecton therewith, and fixed the sixth day of November, 1978
at 7:30 P.M. (PST) in the Council Chambers at City Hall as the
time and place of hearing all matters relating to such proposed
improvements all of which is located within the city ].imits of
the City of Winslow.
2. The City Engineer, John M. Holman, P. E., caused an
estimate to be made of the cost of the expenses of the proposed
improvement and certified that estimate to the City Council,
together with all papers and information in h~s possession
touching the proposed improvement; a description of the
boundaries of the District, a statement of what portion of the
cost and expense of the improvement should be borne by the
properties withn the proposed District, a statement in detail
of the local improvement assessments outstanding or unpaid
against the property in the proposed District, and a statement
of the aggregate actual valuation of the real estate, including
25% of the actual valuation of the improvements in the proposed
District, according to the valuation last placed upon it for
the purpose of general taxation; and
3. Such estimate is accompanied by a diagram of the
proposed ~mprovement showing thereon the lots, tracts, parcels
of land and other property which will be specially benefited by
the proposed improvement, and the estimated amount of the cost
and expense thereof to be borne by each lot, tract and parcel
of ]and or other property; and
4. Due notice of the hearing upon Resolution No. 78-5 was
given in the manner provided by law and that hearing was held
by the City Council on November 6, 1978, and all persons
appearing at such hearing were beard and no written protests
were received;
~. The City Council has determined it to be in the best
interests of the City that the improvement as hereinafter
described be carried out and that a local improvement district
be created in connection therewith; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO
ORDAIN, as follows:
SECTION 1. The City Council of the City of Winslow,
pursuant to an informal petition from the property owners
therefore, hereby orders the improvement of certain properties
within the City of Winslow by improving Parf~tt Way Southwest
from approximately seven hundred feet west of Madison Avenue
South to the intersection with Madison Avenue South and
improving Madison Avenue South from the intersection of Parfitt
Way Southwest to approximately eighty feet North of Parfitt Way
South which improvements shall be the construction and
installation of approximately six hundred and eighty-five
lineal feet of curb and gutter; approximately two hundred and
fifty lineal feet of six-foot wide sidewalk; approximately
eight hundred ]inea! feet of eight-foot w~de aspbaltic street;
approximately two hundred lineal feet of relay storm sewer;
approximately thirty-four hundred square feet of concreted and
brick inlay together with additonal storm drain; approximately
two hundred and fifty lineal feet of bank protection on the
north side of Parfitt Way together with grading and additional
cost to the existing street project to lower the grade at
Parfitt and Madison, together with all necessary work
connecton therewith.
SECTION 2. All the foregoing shall be in accordance with
the plans and specifications therefore prepared by John M.
Holman, P. E., City Engineer, and may be subject to change made
by the C~ty Council so long as any such change does not
materially alter the purpose of such improvement.
SECTION 3. There is hereby created and established a local
improvement district to be called "Local Improvement District
No. 5 of the City of Winslow, Washington" the boundaries being
described as set forth in Exhibit A attached hereto and by this
reference incorporated herein as if fully set forth at this
point.
SECTION 4. The total estimated cost and expense of such
improvement is declared to be, as near as may be, the sum of
Fifty-two thousand three hundred fifty-one dollars
($52,351.00), and the entire cost and expense thereof shall be
borne by and assessed against the properties specially
benefited by such improvment included in the local ~mprovement
district herein established embracing as near as may be all
properties specially benefited by such improvement.
SECTION 5. In accordance with the provisions of Section 7
of Chapter 258, Laws of Washington, 1969, 1st Ex. Sess., the
City may use any method or combination of methods to compute
assessments which may be deemed to fairly reflect the special
benefits to the property being assessed.
SECTION 6. Local improvment district warrants shall be
issued in payment of the cost and expense of the improvement
herein ordered, such warrants to be payable out of the "Local
Improvement Fund, District No. 5," hereinafter created, to bear
interest from the date thereof at a rate to be hereafter fixed
by ordinance and to be redeemed in cash, and/or by local
improvment district bonds herein authorized to be issued, such
interest-bearing warrants to be hereafter referred to as
"revenue warrants." Such bonds shall bear interest at a rate
to be hereafter fixed by ordinance, shall be payable on or
before twelve years (]2) from the date of issuance, the life of
the improvement ordered being not less than ten years (10), and
shall. be issued in exchange for and ]n redemption of any and
all revenue warrants issued hereunder and not redeemed in cash
within a period not to exceed sixty days (60) after the first
publication by the City Clerk-Treasurer of notice and the
assessment roll for Local Imprvement DistriCt No. 5 iS in her
hands for collection. The bonds shall be redeemed by the
collection of special assessments to be levied and assessed
upon the property within the District, payable in ten (10)
equal annual installments, with interest at a rate to be
hereafter fixed by ordinance, under the mode of "payment by
bonds," as defined by law and the ordinances of the City. In
the case of default in the payment of any assessment when the
same shall become due, there shall be added interest at a rate
to be hereafter fixed by ordinance and a penalty of twelve
percent (12%) which shall also be collected. The exact form,
amount, date, interest rate and denominations of such warrants
and bonds shall be hereafter fixed by ordinance of the City
Council. The warrants and bonds shall be sold in such manner
as the City Council shall hereafter determine.
SECTION 7. All the work necessary to be done in
connection with the making of the ]mprovment shall be done by
and made by contract upon competitive bids and the City shall
have and reserves the right to reject any and all bids. The
call for bids for work authorized pursuant to this ordinance
shall include a statement that payment for such work will be
made in cash warrants drawn upon the "Local Improvement Fund,
District No. 5."
SECTION 8. There is hereby created and established in the
office of the City Treasurer of the City for Local Improvement
District No. 5, a special fund to be known and designated as
"Local Improvement Fund, District No. 5," into which fund shall
be deposited the proceeds from the sale of revenue warrants
drawn against said fund which may be issued and sold by the
City, and collections pertaining to assessments, and against
which fund shall be issued cash warrants to the contractor or
contractors in payment for the work to be done by them in
connection with such improvment, and against which fund cash
warrants shall be issued in payment of all other items of
expense in connection with such improvement.
PASSED by the City Council and APPROVED by the Mayor of the
City of Winslow, Washington, at a regular open public meeting
thereof, this 20th day of November, 1978.
ALICE ~. TAWRESEY,~
ATTE~:~F)q d~~
~SUE FRIX, CITY CLERKS/TREASURER
APPROVED AS TO FORM:
OBERT W. MCKISSON
OF MCKISSON, LEHNE AND ASSOCIATES,
CITY ATTORNEYS
J~',,-v. Ai.' ~.:', 29, 1978
P, ov. 5,.pfenlh,,r l I,
east ]io('- 3].87 fee. t to the true point of beqinning; AND ICXCEPT that
po~ ti. on of the above-described tract lying within the west 20.00
fc~L of a 40-f~ot s~rip of land known as Madison Avenue Sou~h, a/so
k~c~wn as County I<oad No. 259, ~he c,2nter].ine of which is described
as follows:
,:',3Tmm:,~cing at t. he cxist-.inq co crete mort.merit as describe~l j n {-lie
at:~ve-d~zscrib~ct main tract; th~ t,:e }lol't}l 0°04~55'' east alt}[i{d t}1(2
¢~a~t' line of fiaid qoverrm~ent lot 4 a distance of 43..50 feet to the
~k~c. [~oin[. {~[ hoginn/ng of the center'line hereifi described; thence
~4~uth 0~04'55'' west 83.00 feet to the end of said centerline description.
PARCEl. "C"
'I'l~.~t portion ~f Uovcvnment lot 4, and second class t. ide]ands~ 5eCti. ol~
27, ~ownship 25 no:th, range 2 east, W.M.~ in Kitsap County,
Wasl~ington, described as follows:
Bc{]innin9 at the initial point on the east line of said government
let 4, which point is 50.00 feet north of the southeast corner post
on meander line of said government lot 4; thence north along the
ea~{t line of said government lot, 40.00 feet; thence west 20.00
feet to the point of intersection of the west line of the Winslow
Deck Road with the south line of an east-and west county road
(be~:',g County Road No. 242); thence west along the sout~ line
of said County Road, 62.00 feet to the true point of beginning;
t~c,mce continuix~g west along the south line of sai~ County Road, ,
70.00 feet} thence south along a line parallel with the east line
o[ z:~[d Governm~nt lot 4, ~o the onter boundary line of the
[i,h~lands of the second class; ther~ce east along said outer bo[:ndary
]~e to an intersection with a line extending south parallel to the
said east line of !~overnment lot 4 from the true point of beginning:
the~c~ north along said parallel line to the true point of beginning;
]-]>[CEI~T portion thereof described as follows:
Eeginning at the true point of beginning of the above described
main tract} thence west. along the south line of said county road,
50.00 feet; t~ence south parallel to the east line of said government
lot 4, 62.00 fec~'; thence east 4.00 feet; thence south 4.00 feet;
the~ce east 46.0D feet; thence north parallel to the east line cf
said govc.:rnln~:nt ]~3t to tile true pc~int of beginning,
'I'hc~t [~ortion of gc~vernTnent lot 4, in section 27, township 25 north,
~L,!lqe 2 east, W.M., in Kitsap County, Washington, described as follows:
Com~uencing at. an existing concrete monument on the east line o~ said
gc. vcrs~ment lot from which the northeast corner of said government
lot 4 L, eavs no: th 0~04'55'' east 936.16 feet} thence north 0~04'55''
,3:~st along the east line of said government lot 4, a distance of
43.50 feet} thence north 89~55'05" west along the south margin of
Parfitt Way southwest, also known as County Road 242, and the easterly
p~oloT~gatjon thereof 152.00 feet, more or less, to the true point
of beginning, said point also' being the northwest corner of the
~',]rkovich property as described in Auditor's File No. 461641: thenc,~
continue north 89~55'05" west along the said south margin of Parfitt
w~7, ]52.00 feel, more or less, to the east line of the Anderson
p~.~perty as described in Auditor's File No. 524731; thence south along
the east line of said Anderson property, to the meander line; thence
n~rth¢~astsr Iy, a lonq said meander line to an intersection wi~h a line
extending south parslie! to the east line of saig government lot 4 from
the true pt',i~t' of i::eqinning; the]~ce north along said parallel line
t.o the txcue point of beginning}
'F.~G}]T[%ER W1TI{ tidelands 'of the second class as conveyed by L]~e State
o: Waf;~ingt. oxx, situate in frent of, adjacent Lo or abutting thereon;
EXClZPq that portion of the above-described tide]aDds colbyeyed to Kathe:j
M~kovic'h by c]ee~ rccorde~ under AudLtor's b':i]~ No. 767296.
PA RCET~ "E"
']'hat t,ort"l. on l:f: governreset lot 4, section 26, township 25 north, rarlqe
2 ea.~t:, W.M., in Kitsap County, Washington, described as follows:
EXHIBIT A
Page 2 of ~
[{{,,linning at l}~o nc. rthwest colnor of said f]ove/nment lot 4: thence south
0°32'40'' west along the west bot.~dary nf said government lot d, 280.18
feet; thence north 89°30'00'' east to the intersection of the east line
of Hadi~;on Stxec~ and the south line of Bjune Drive~ thence south
0~32'4(]'' w~st 323.20 feet to the northwest corner of the Standard O[1
[?{m~l~a~y l':act; thence south 89~29'30'' east 140.00 feet to co~c~ete
n~ol,tHnQllt !; thence south 0* 32 ' 40" west ]O0.00 fee t to concrete menumen t
]!; Said point being the true pojnt of beginning; thence south ]9043'00.'
west ]2!.75 feet to concrete monument Ill; thenc:b south 0032'40" west
fi4. ~2 fe~t to concrete monument IV on the west bal~k of bay; t.l~ence
novt]~ 49032'40" cast to a point on a ]:[ne that ~s 20.00 feet east of
,,~d i,,~'ai]el with the .last-described course; the~ce north 0012'4()'' east
73.0{) foet, more or less, to a point 20.00 feet east of said c-onc-rete
mL.~umu~lt Yi]; thence north 19~4'~'00'' east ]2].75 feet, more o~ less,
t~) .~ pcjiHt 2(}.0{} feet east of sa~_d concrete monul~ont ~[; Ll~c~cu. west 20.0~
f~'~t to the t~ue pc:~nt of beginnin{;
'r,k;~'T~l~:l~ with ~e,.-ond class t~delan~]s adjoining as conveyed by the St.re {>
~',lq~i 1'11 ~( ~)ll .
I'AHCEI, "
ThaL peltion of government lot 4, section 27, townshi. p 25 nortlx, range
2 cast, W.M., in Kitsap County, Washington, described as
Be,linn[ng at the meander corner between sections26 and 27, said
township and i'ange, being on the north shore of Eag3e l{arbor,
said meander corner also being the southeast corner of ~atct government,
]c~t 4; thence north 0~40'00'' west along the east line of said
gov{-~nm<'nt lot 4, a distance of 124.32 feet, mole or less, to the
sou{he] ly margin of County Road No. 242, its easterly prolongation
being the true point of beginning; thence south 89*20'00" west along
said south right-of-way line of the County Road and its easterly extensiol
a distance of 76.79 feet to the centerline of an alley; thence south
0°40'00" east along said centerline a distance of 30.37 feet to an
intersect. ion with the westerly prolongation of the south. line of
the existing building; thence east along said line and its prolongation
76. ~][) [eet to the east line of said govern~et lot 4; thence north
0~40'00' west along said east line 31.87 feet to the true point of
Oeqinning; EXCEPT that portion for road known as Madison Avenue South.
· ]']~a!_ lx',tt~c:ln of governturret lot 4, section 26, township 25 nortj,,
~ai~ge 2 east, W.M., in Kitsap County, Wcishington;
']'~,,,t t,{~t ion of second c].as:~ tidelands as dnnveycd by (he SIal,:, of
'Nash~l~gLon, situate '!n front of, ad3acent to or abutting said governmerit
lot 4, described as follows:
Ccqnmuncing at a po].nt on the west line of said government lot d,
which point lies south 0°04'55'' west: from the northwest corner of
said guvernment lot 4, 703.37 feet, said point of commencement
being on the section line between sections 26 and 27 of said township
and range; thence south 89°55"05' east 160.00 feet to the true point
of begjnning; thence alung the westerly side of'a ravine, south'
]9~]5'40" west 121.75 feet; thence south 0~04'55'' west 94.32 feet
to the government meander line of said government lot 4; thence south
0o04'55" west 147.29 feet to the line of extreme low tide; th~H~ce along
said line of extreme low t]de, north 89~55'05'' west 50 feet; thence nort]~
0004'55" east 103.83 feet, to the government meander line of said
government lot 4; thence north 49~04'55'' east along said meander line
46.35 ~eet; thence north 0o04'55" east 109.90 feet; thence north 19°15'40
cast 119.08 feet; %hence south 89o55'05" east 15.88 feet to the true
point of beginning.
PA RCI','L "Ii"
That pi~rtion of the bed of Eagle Ilarbor, owned by the State of Washington
situate in front of government lot 4, section 26; government tot 4,
se<;tjon 27: and government.lot 1, section 34, all in township 25 north
range 2 east, W.M., in Kitsap County, Washington, more particularly
described as follows:
EXHIBIT A
Paqe 3 of It
Conut~el!cing at Ihe meander corner Of 1 thC westerly line of :';~)CLjl)II 26~
said meandez co~:nez' being south 0004'55"' west ]016.29 ~eet from the
~oz't:hwt, st corner of government lot 4, saia section 26; thence norLh 49"04'
ez~sl alo~g the n'.c'ar~det line 159.00 feet; thence south 0a04'55'' west
3,17.29 ~eeL to the line c~ extrc. me ]o~ t]ae and the true poinL
i,..gi~nin,jl thence souLh ]0"00'00" ~ast 451.3~I fryer; thence
~9~51i:41'' wes~ a'iong a line 150.00 [eet souCherly and paz'a]leL [:o the
pie,~,,~,:tc~ Zinc, a distance of 158.40 feet; thence south 59°5[i'41'' west
29 ]. ',[) fleet; ~h~:nce north 1201(]' 17" west 300.00 fleet, more or less,
to [Ixe line of exl_rcme low tide; thunce easterly along the line of
f~xtrtm'.e low tide to th<~ t:rue point of hcg.~nning.
EXHIBIT A
Pac~e ~ o f It