ORD 79-13 ACQUISITION OF RIGHTS-OF-WAYSORDINANCE NO. 79-13
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 CITY 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 and
we3fare requires the improvement of certain City streets
designated as Madison Avenue and Winslow Way East, said
improvement consisting of widening the streets, installing
parking lanes, sidewalks and a storm sewer system, and repaying
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 laDds, rights and privileges, 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
decribed in Section 1 above, be and the same hereby is,
condemned, appropriated, taken, and damaged for such purposes,
said ].ands, 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.
-1-
Section 3. The entire cost of the acquisition 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
condem, 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
]and, 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
invalidity thereof shall not affect the validity of any other
section, sentence, clause or phrase of this Ordinance.
SectloP 6. This Ordinance shall take effect five days
after its passage, approval and posting.
PASSED BY THE CITY COUNCIL ON THIS 21st DAY OF MAY, 1979
AND SIGNED AND AUTHENTICATION OF ITS PASSAGE THIS 21st DAY OF
MAY, 1979.
ATTEST:
City Clerk-Treasurer
A~D A~ TO FORM:
Alice B. Tawresey, May~
-2-
EXHIBIT A
PARCEL NO.1
(WINSLOW WAY EAST)
OWNERS: UNION OIL COMPANY
OF CALIFORNIA
TAX LOT NO 099
An Easement for Street, Automobile Parking Lane and Sidewalk,
and Pedestrian Underpass all for use by the General Public
together with an easement for storm sewer and utilities and
appurteances, on the following real property situated in Kitsap
County, State of Washington:
THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING NORTH OF
THE FOLLOWING LINE:
BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL ]~2 FEET
SOUTH OF THE NW CORNER; THENCE S 89°29'30" E 37 FEET TO A
POINT; THENCE S 0°30'30" W 23 FEET TO A POINT; THENCE S 89°
29'30"E 76 FEET TO A POINT; THENCE N 0030'30" E 23 FEET TO A
POINT; THENCE S 89°29'30'' E TO THE EASTERLY LINE OF SAID PARCEL
AS DESCRIBED BELOW:
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']1"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'll"W 180.69 FT TO THE TPOB
PARCEL NO. 2
(WINSLOW WAY EAST)
O~ERS: ESTATE OF EDMUND STAFFORD,
AND ITS PERSONAL
REPRESENTATIVE; AND BRIAN
STAFFORD
TAX LOT NO. 089
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 north ]2 feet of the following described parcel less the
west 24.93 feet:
SEC 26 TWP 25 RGE 02E
PT OF GOV. LOTS 3 & 4 BAAP ON N LN OF
GOV. LOT 4 WH IS 1075.92 FT E OF NW COR &
TPOB CONT E ALG N LN OF SD GOV. LOTS 3 &
4 TO A POINT 1400 FT E OF NW COR OF SD LOT 4
S 5'09'33"E 210 FT M/L TO NE COR OF PLAT
OF STAFFORDS ADD. TO WINSLOW W ALG THE N
LN 342.7]. FT M/L TO APT S 210 FT M/L S OF
TPOB N 210 FT M/L TO TPOB EX WINSLOW WAY
& BJUNE DRIVE EX PT PER VOL 687/77 OF
MTGE
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 Genera] 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 Northerly 5 feet only of the following:
The south 25 feet of the following described parcel:
SEC 26 TWP 25 RGE 02E
PT OF NW 1/4 SW 1/4 BEG ]099 FT E OF SW COR
N 1/2 SW ]./4 N ].20 FT E TO RIM OF RAVINE
SLY ALG RIM OF RAVINE TO PT E OF BEG W
TO BEG
PARCEL NO. 4
(WINSLOW WAY EAST)
OWNERS: TOM JOHNSTON AND JANE DOE
JOHNSTON, HIS WIFE; AND CANYON
ENTERPRISES
TAX LOT NO. 02]
An Easement for Street, Automobile Parking Lane and Sidewalk,
all for use by the Genera] Public together with an easement for
storm sewer and utilities and appurtenaDces, on the following
real property situated in Kitsap County, State of Washington:
THE SOUTH 5 FEET OF THE FOLLOWING DESCRIBED PARCEL:
SEC 26 TWP 25 RGE 02E
PTN OF N 1/2 SW 1/4 DAF, BEG S 89'30'W
1180.70 FT FR SE CORN ]./2 SW ]/4 BEING
TPOB, N35*29'10"W 102.42 FT NO*24'35"W441.77 FT
S89'30'W 190 FT S 0'24'35"E 441.77 FT
S35'29'10"E 102.42 FT N89*30'E 190 FT TO
TPOB EXC RD
PARCEL NO. 5
(WINSLOW WAY EAST)
OWNERS: TOM JOHNSTON AND JANE DOE
JOHNSTON, HIS WIFE; AND
MONMOUTH, LTD (GRIFFITHS, ET
AL.)
TAX LOT NO. 020
An Easement for Street, Automobile Parking Lane and Sidewalk,
an~ Pedestrian Underpass, all for use by the General Public
together with an easement forstorm sewer and utilities and
appurtenances, on the following real property situated in
Kitsap County, State of Washington:
The South 35 feet of the following described parcel:
SEC 26 TWP 25 RGE 02E
BAAP 196.39 FT E & 15 FT N OF NW COR OF
GOV L 3 AS TPOB TH N 55*52'30" W 98.58 FT
TH N 28*58'30" W 65.05 FT TH N 7'46'20"
E ]32.97 FT TH N 0*46'50" E 38.32 FT TH N
13'27'20" E 154.01 FT TH N 18'50'10" W
83.95 FT M/L TO APT WH BEARS S 89'29'30"
E FR NE COR OF TR CVYD TO CANYON
ENTERPRISES INC BY DEED REC UND AUD FILE
NO. 948425 TH N 89'29'30" W 30 FT M/L TO
SD NE COR OF CANYON ENTERPRISES INC. TR
TH S 0'12'55" W ALG ELY LN OF TR DES IN
SD INSTR REC UND AUD FILE NO. 948425 A
DIST OF 44].77 FT TH S 35'29'10" E
102.42 FT TH N 89*30' E 60 FT M/L TO TPOB
ALSO EX ST HWY & CO RD
PARCEL NO. 6 OWNERS: CLIFFORD COLE AND ELIZABETH
(WINSLOW WAY EAST) COLE, HIS WIFE
TAX LOT NO. 0]0
An Easement for Street, Automobile ParkiDg 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 NORTH ].0 FEET ONLY OF THE FOLLOWING:
THE SOUTH 30 FEET OF THE FOLLOWING DESCRIBED PARCEL:
SEC 26 TWP 25 RGE 02E
NE ]/4 SW ]./4 BEG 40 RDS W OF SE COR NE ]./4
SW 1/4 N 130.95 FT E 50 FT S ]_30.95 FT W
50 FT TO BLG
PARCEL NO. 7
(MADISON AVENUE NORTH)
OWNERS: LUMBERMAN'S OF WASHINGTON,
INC.
TAX LOT NO. 025
An Easement for Street, Automobile Parking Lane and Sidewalk,
all for use by the General Public together with an easement for
storm sewer an~ utilities and appurtenances, on the following
real property situated in Ki. tsap County, State of Washington:
The west 5 feet of the'following described property;
SEC 26 TWP 25 RGE 02E
THAT PT OF SW1/4 NW1/4 DES AS FOLS BEG
40 RDS N OF SW COR OF SD SW1/4NW1/4 TH
N 95 FT THE 165 FT TO W LN OF TR CONVEYED
TO C.E. WALLACE IN DEED RECORDED JUNE 21
1944 BY AUD FILE NO. 393182 TH S ALG SD W
LN 95 FT TH W TO POB EX S 10 FT FOR RD AND
EX RD KNOWN AS MADISON RD ALG W LN TF
PARCEL NO. 8
(MADISON AVENUE NORTH)
O~ERS: THOMAS D. CHENOWETH AND JANE
DOE CHENOWETH, HIS WIFE
TAX LOT NO. 018
An Easement for Street, Automobile Parking Lane and Sidewalk,
all for use by the Geners] Public together with an easement for
storm sewer and utilities and appurtenances, on the following
real property situated in K~tsap County, State of Washington:
The east 5 feet of the west 639.32 + feet of the following
described parcel:
SEC 27 TWP 25 RGE 02E
PT OF NE l/4 NE 1/4 BEG AT THE SE COR OF
SD NE 1/4 NE 1/4 N 330 FT TO THE TPOB N
12 FT W 264 FT N 153 FT W 396 FT S 165 FT E
660 FT TO THE TPOB EX THE E 20 FT FOR RD
EX ]5 FT X 15 FT TR IN NE PER VOL 747/419
LESS ACT NO 272502-].-066-2003 SEG FOR
SR CITIZEN EXEMPT
PARCEL NO. 9
(MADISON AVENUE NORTH)
OWNERS: EARLE R. TAYLOR AND MYRTLE
TAYLOR, HIS WIFE; AND GREAT
NORTHWEST SAVINGS AND LOAN
TAX LOT NO. 019
An Easement for Street, Automobile Parking Lane add 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 east 5 feet of the following described parcel:
SEC 27 TWP 25 RGE 02E
THE N 153 FT OF E 264 FT OF S]/2 N1/2
SE1/4 NE]/4 NE 1/4 EX THE E 20 FT FOR RD
ALSO BEG AT SW COR OF ABOVE DES PPTY TH
N ALG W LN TF 104.15 FT TO TPOB TH N 15 FT
TH W ]5 FT TH S 15 FT THE 15 FT TO TPOB
PARCEL NO. 10
(MADISON AVENUE NORTH)
OWNERS: BAINBRIDGE PUBLIC LIBRARY,
INC.
TAX LOT NO: 008
An Easement for Street, Automobile Parking Lane ana 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 west 5 feet of the east 180 feet of the following described
property:
SEC 26 TWP 25 RGE 02E
WLY 200FT OF NLY 180FT OF NW1/4 NW1/4
NW1/4 EX RDS
PARCEL NO. 11
(MADISON AVENUE NORTH)
OWNERS: DANIEL H. BUCSIT AND JANE DOE
BUCSIT, HIS WIFE
TAX LOT NO: 010
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 easterly 5 feet only of the following described property:
The west 25 feet of the following described property:
Section 26, Township 25, Range 2 East;
the south 1.10 feet of the west 150 feet of the south one-third
of the northwest one-quarter of the northwest one-quarter of
the northwest one-quarter.
PARCEL NO. 12
(MADISON AVENUE NORTH)
OWNERS: DANIEL H. BUCSIT AND JANE DOE
BUCSIT, HIS WIFE
TAX LOT NO:
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 fol!ow]ng
real property situated in Kitsap County, State of Washington:
The west 5 feet, excluding the south 110 feet and the north 50
feet, of the following described property:
SEC 26 TWP 25 RGE 02E
PTN OF NW1/4 NW1/4 NW1/4 DESC FOR TAX
PURPOSES AS FOLS: BAAP 441.57FT S OF NW
COR OF SEC 26 THE ]45.75FT TH S 62FT TH
E ll3FT TH N 62F THE TO E LN OF W3/4
OF S1/3 OF NW1/4 NW1/4 NW1/4 TH S TO S
LN OF NW]/4 NW1/4 NW1/4 TH W ALG S LN
345FT M/L TAP 150FT E OF SEC LN TH N 110
FT TH W 130FT TO E LN OF RD TH N 55FT
ALG RD M/L THE 10FT TH N 50FT M/L TO
POB
PARCEL NO. ]3 OWNERS: REIDAR C. ERICKSEN AND JANE
(MADISON AVENUE NORTH) DOE ERICKSEN, HIS WIFE
TAX LOT NO: 017
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 Wash].ngton:
The westerly 5 feet only of the following described parcel:
The easterly 25 feet of the following descr]be~ parcel:
SEC 27 TWP 25 RGE 02E
NE 1/4 NE ]/4 N 1/2 N 1/2 SE 1/4 NE 1/4
NE 1/4
ARCEL NO. 14
(MADISON AVENUE NORTH)
O~ERS: LORIN T. WADE AND DOROTHY T.
WADE, HIS WIFE
TAX LOT NO.020
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 east 5 feet of the west 639.32± feet of the following
described property:
SEC 27 TWP 25 RGE 02E
NE 1/4 NE 1/4 BEG 10 RDS N OF SE COR SE
]/4 NE ]/4 NE 1/4 N 10 RDS W 40 RDS S 10
RDS E 40 RDS TO POB EX RD EX E 150FT OF
THE S 135.59FT & EX THE E 20FT OF THE N
29.41FT
PARCEL NO. 15
(MADISON AVENUE NORTH)
OWNERS: LORIN T. WADE AND DOROTHY T.
WADE, HIS WIFE
TAX LOT NO. 021
An Easement for Street, Automobile Parking Lane and Sidewalk,
all for use by the Genera] 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 east 5 feet of the following described property:
SEC 27 TWP ~5 RGE 02E
PT OF NE 1/4 NE 1/4 BEG 10 RDS N OF SE
COR OF SE 1/4 NE ]/4 NE ]/4 RUN N
135.59FT W 150FT S 135.59FT TO
POB EX E 20FT FOR RDS
FARCEL NO. 16
(MADISON AVENUE NORTH)
OWNERS: ROGER A. KEYS AND JANE DOE
KEYS, HIS WIFE
TAX LOT NO. 034
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 easterly 5 feet only of the following described property:
The west 25 feet of the following described property:
SEC 26 TWP 25 RGE 02E
SW]/4 NW1/4 BEG 300FT N OF SW COR NW1/4
E 330FT N 120FT W 330FT S 120FT TO BEG
PARCEL NO. 17
(MADISON AVENUE NORTH)
OWNERS: BRUCE TOMLINSON AND HAZEL
TOMLINSON, HIS WIFE; AND
GENA SWINBURNE AND
JOHN DOE SWINBURNE;
HER HUSBAND
TAX LOT NO. 037
An EasemeDt 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 Washingtop:
The west 5 feet of the following describe~ property:
SEC 26 TWP 25 RGE 02E
PT OF SW1/4 NW1/4 S ]20FT OF FOLG BEG AT
SW COR OF SD SUBDV E 200.3FT N 300FT W
200.3FT S 300FT TO POB EX ROADS SUBJECT
TO EASEMENTS
PARCEL NO. 18
(MADISON AVENUE NORTH)
OWNERS: PACIFIC NORTHWEST BELL
TELEPHONE COMPANY, A WASH CORP
TAX LOT NO. 058
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 East five (5) feet of the following described property:
The South 132 feet of the North 396 feet of the East 330 feet
of the Southeast quarter of the Northeast quarter of Section
27; Township 25 North, Range 2 East, W.M.; Except the East
Twenty-Five (25) feet for road; situate in Kitsap County,
Washington; subject to restrictions of record.
PARCEL NO. 19
(MADISON AVENUE NORTH)
OWNERS: HAROLD L. WOODMAN AND JANE
DOE WOODMAN, HIS WIFE,
TAX LOT NO. 059
An Easement for Street, Automobile Parking Lane and Sidewalk,
all for use by the Genera] 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 Westerly 5 feet only of the following described property:
The east 25 feet of the following described property:
SEC 27 TWP 25 RGE 02E
TH PTN OF SE1/4 NE1/4 CNVYD BY VOL
]72/28 DAF, BEG 24 RODS (396.00FT) S OF
NE COR of SE 1/4 NE 1/4 TH S ]6 RODS
PARCEL NO. 20
(MADISON AVENUE NORTH)
OWNERS: C.M. COLE AND JANE DOE COLE,
HIS WIFE; AND GREAT NORTHWEST
SAVINGS AND LOAN
TAX LOT NO. 060
An Easement for Street, Automobile Parking Lane and Sidewalk,
all for use by the Genera] 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 east 5 feet of the following described property:
SEC 27 TWP 25 RGE 02E
SE1/4 NE1/4 BEG SE COR SE1/4 NE]/4 NO°04'E
546.43FT TO POB N89°5'24"W 329.05FT
NO°05'30E 115.97FT S89°4'55E 329.12FT
SO~4'W 115.92FT TO TPOB EXC RDS
PARCEL NO.
OWNERS: RUTH M. WHITE AND JOHN DOE
WHITE, HER HUSBAND
TAX LOT NO. 061
An EasemeDt for Street, Automobile Parking Lane and Sidewalk,
all for use by the General Public together with an easement for
storm sewer and utilities an~ appurtenances, on the following
real property situated in Kitsap County, State of Washington:
The east 5 feet of the following descr]be~ property:
SEC 27 TWP 25 RGE 02E
SE ]/4 NE 1/4 BEG SE COR SE ]/4 NE 1/4 N
0°4' E 430.51 FT TO TPOB N 89°5'54'' W
328.98FT N 0°05'30"E 115.97FT S
89~5'24E 329.05FT s 0~4' W 115.92FT
TO TPOB EX RDS
PARCEL NO. 22
(MADISON AVENUE NORTH)
OWNERS: B. JULL ESTATE AND ITS
PERSONAL REPRESENTATIVE;
AND JANE DOE JULL, THE WIDOW
OF B. JULL, DECEASED; AND THE
GREAT NORTHWEST SAVINGS AND
LOAN
TAX LOT NO. 063
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 west 5 feet of the e~st 180.3 feet of the following
described property:
SEC 26 TWP 25 RGE 02E
PT OF THE SW 1/4 NW 1/4 DES AS FOLS BEG AT
THE SW COR OF SD SUBDV THE 200.3FT TH N
300 FT TH W 200.3FT TH S 300FT TO THE POB
EX THE S 120FT TF SUBJECT TO
ENCUMBRANCES AS PER VOL 804/308
PARCEL NO. 23
(MADISON AVENUE NORTH)
OWNERS: STEVE SEYLL AND JANE DOE
SEYLL, HIS WIFE; ESTHER M.
MCCOSKRIE AND JOHN DOE
MCCOSKRIE, HER HUSBAND; AND
BARBARA WATSON AND JOHN DOE
WATSON, HER HUSBAND
TAX LOT NO. 064
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 westerly 5 feet only of the following described property;
The east 25 feet of the following described property:
SEC 27 TWP 25 RGE 02E
SE 1/4 NE 1/4 BEG SE COR NE 1/4 N
198.67FT W 323.87FT S 198.67FT E
328.87FT TO BEG