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ORD 78-33 CITY HALL FACILITY IMPROVEMENTORDINANCE NO. 78 - 33 AN ORDINANCE DECLARING A PUBLIC USE AND NECESSITY FOR THE ACQUISITION OF FEE TITLE FOR CITY HALL FACILITY IMPROVEMENT PURPOSES OF A CERTAIN PARCEL 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 THIS PARCEL, AND PROVIDING FOR PAYMENT THEREFOR. The City Council of the City of Winslow DO ORDAIN fol]ows: 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 existing C].ty Hall facility and adjoining Parking Lot. For this purpose the City of Winslow, acting through its C~ty Council, hereby finds and declares that public necessity and convenience requires acquisition of that real property parcel described as follows: OWNERS: MONMOUTH LIMITED; HERBERT ARTHUR AYERS, as his separate estate; NADINE AYERS BLACKFORD, as her separate estate; MILLER GRIFFITHS, as his separate estate; ALBERT VERNON GRIFFITHS, as his separate estate; ELIZABETH G. MOLITOR, individually and as executrix of the estate of F. H. MOLITOR, decease~..; JAMES FREDERICK GRIFFITHS, as his separate estate; CHURCHILL GRIFFITHS, as his separate estate; ELIZABETH MARTHA SUSAN MOLITOR, as her separate estate; and WINSLOW MARINE RAILWAY AND SHIP BUILDING COMPANY, INC. LEGAL DESCRIPTION: That pOrtlOP Of Government Lot 3, Section 26, Township 25 North, Range 2 East, W.M., described as follows: Beginning at a point North 89 degrees 29'20" West, 571 feet from the Northeast corner of said Government Lot 3; thence South 0 degrees 30'30" West 30 feet; thence North 89 degrees 29'30" West 48.92 feet to the True Point of Beginning; thence South 0 ~egrees 30'30" West along the West line of the Miller Tract 126 feet; thence North 89 degrees 29'30" West 97.77 feet, more or less, to the Northwest corner of a tract conveyed to Howie by Deed recorded under Auditor's F~]e No. 654]94; thence South 0 degrees 30'30" East along the West line of Howie Tract 112.35 feet; thence North 52 degrees 51'45" West along the Easterly line of Olympic Drive S.E., 50 feet, more or less, to the Southeast corner of a tract sold to P.S. Clifton under contract recorde~ under Aud]tor's File No. 648726; thence North 0 degrees 30'30" East 206.53 feet to the South line of Winslow Way East; thence South 89 degrees 29'30" East along the South 1].ne of Winslow Way East 138.60 feet, more or less, to the True Point of Beginning; Situate in Kitsap County, Washington. - 1 - Section 2. That all ]_and, rights, privileges, and other property necessary for acquiring fee title for the construction of City Hail facility improvements on the 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. The entire cost of the acquisition of said ]and 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, 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 5. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid for any reason, the invalid]ty thereof shall not affect the validity of any other section, sentence, clause or phrase of this Ordinance. Section 6. This Ordinance shall take effect five days after its passage, approval and posting. PASSED by the City Council on this 20th day of November, 1978, and signed and authent]cation of its passage this 20th day of November, 1978. - 2 - _ 6 C~/~? ALICE TAWRESEY, MAYOR ATTEST: APPROVED AS TO FORM: ROBERT W. MCKISSON OF MCKISSON, LEHNE & ASSOCIATES CITY ATTORNEY - 3 -