ORD 2001-37 HAYS/WESTERLY LAND CONDEMNATIONORDINANCE NO. 2001-37
AN ORDINANCE of the City of Bainbridge Island, Washington;
authorizing and providing for the acquisition of land located off of
Westerly Lane in Bainbridge Island, Washington, which is referred
to as the Head of the Bay wetland site for the purpose of watershed
protection, wellhead protection and water quality enhancement;
providing for condemnation, appropriation and taking of land and
property rights necessary therefor; providing for the cost thereof;
directing the initiation of appropriate proceedings in the manner
provided by law for the condemnation; and electing not to comply
with Chapter 8.26 RCW in connection with the condemnation.
WHEREAS, the City Council has determined there is a need to protect the watershed and
recharge area of the City's head of the bay wellfield; and
WHEREAS, this wellfield provides a significant quantity of water for the usage of the
citizens supplied by the City's water utility; and
WHEREAS, the property located off of Westerly Lane in Bainbridge Island, Washington,
and referred to as the head of the bay wetland, is immediately adjacent to the City's head of the bay
wellfield and is part of the same wetland system; and
WHEREAS, the City has not been able to acquire the property through negotiations with the
owner of the property; and
WHEREAS, the City Council finds and declares it necessary and in the best interest of the
pubhc that all interests and rights in the property be condemned, appropriated and taken for public
use, subject to the making or paying of just compensation to the owners thereof in the manner
provided by law; and
WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate
eminent domain proceedings for the condemnation of the property; and
WHEREAS, the City Council desires to elect not to comply with Chapter 8.26 RCW in
connection with the acquisition of the property; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The rights and interests in the property located off of Westerly Lane in
Bainbridge Island, Washington, which is referred to as the head of the bay wetland and legally
described in Exhibit A attached hereto and made a part hereof ("Property"), which Property is
necessary for the protection of the City's watershed and wellfield recharge area, protection of a
significant wetland and wetland buffer and azqx:~s;~fi~n :f *7~:n :~xze is condemned, appropriated
DOCS\94700\120\0131451.02 - 1 -
and taken for public purposes, subject to the making or paying of just compensation to the owners
thereof in the manner provided by law.
Section 2. The cost and expense of acquiring all interests and rights in the Property shall
be paid for from the utility fund, bond funds and general fund of the City, or from such other
monies that the City may have available or attain for the acquisition.
Section 3. The City Attorney is authorized and directed to enter into any and all
negotiations and stipulations necessary to acquii:e the Property, or undertake proceedings provided
by law to condemn, appropriate and take the Property and carry out the provisions of this
ordinance.
Section 4. The City Council elects not to comply with the provisions of Chapter 8.26
RCW for the purpose of acquiring the Property.
Section 5. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by. law.
PASSED by the City Council this 22aa day of August 2001.
APPROVED by the Mayor this 23~ q~ay of Augus[ 2001.
Dwi~t~t~3~tton, Mayor ~'
ATTEST/AUTHENTICATE:
t~usan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
POSTED:
EFFECTIVE DATE:
ORDINANCE NO.:
August 17, 2001
August 22, 2001
August 29, 2001
August 29, 2001
September 3, 2001
2001-37
DOCS\94700\120\0131451.02 - 2 -
EXHIBIT A
Parcel I
Lot 9, Winslow Business Addition, as per plat recorded in Volume
7 of Plats, Page 38, records of Kitsap County, Washington.
Parcel II
That portion of the Northwest quarter of the Southwest quarter,
Section 26, Township 25 North, Range 2 East, W.M., in Kitsap
County, Washington, described a~ follows:
Commencing at a point which is 446 feet North and 20 feet East of
the Southwest corner of the North half of the Southwest quarter,
said Section 26; thence North 50 feet; thence East 200 feet; thence
South 50 feet; thence West 200 feet to the Tree Point of Beginning.
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