HomeMy WebLinkAboutOrdinance No. 2024-022 An Ordinance of the City of Arlington, Washington, Relating to the Acquisition by Eminent Domain of Certain Real Property in the City of Arlington Necessary.. ORDINANCE NO. 2024-022
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, RELATING TO THE
ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY IN THE CITY OF
ARLINGTON NECESSARY FOR THE CONSTRUCTION OF THE 211T" PLACE NE
IMPROVEMENTS PROJECT; DIRECTING STAFF TO EXHAUST ALL REASONABLE
NEGOTIATION EFFORTS TO PURCHASE PROPERTY NECESSARY FORTHE PROJECT;
DESCRIBING THE PUBLIC CONVENIENCE, USE AND NECESSITY OF THE PROJECT AND SUCH
PROPERTY; PROVIDING FOR THE CONDEMNATION, APPROPRIATION AND USE OF THE
PROPERTY THEREFORE; PROVIDING THE MODE OF PAYMENT OF COST OF ACQUISITION
OF THE PROPERTY; AND DIRECTING THE CITY ATTORNEY TO PROSECUTE SUCH
CONDEMNATION ACTION AS MAY BE NECESSARY IN SNOHOMISH COUNTY SUPERIOR
COURT IN THE EVENT DIRECT PURCHASE EFFORTS ARE NOTSUCCESSFUL
WHEREAS, as part of continuing developments within the City and along 211th
Place NE, the City is preparing to implement infrastructure improvements as part of the
211th Place Improvements Project (Project) and
WHEREAS, the Project requires acquisition of certain real property interests and
rights for the Project, including the property, rights and interests described in Section 1
below ("Property"); and
WHEREAS, the City has negotiated the purchase of the necessary Property from
all of the Property owners but has yet to conclude a real property purchase and sale
agreement for one such Property; and
WHEREAS, the City Council finds that the Property is necessary and critical to the
Project, and that it is in the public interest to have such Property for public health, safety,
welfare and transportation needs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Need for Property.The public health, safety, necessity and convenience
require the extension and improvement of the City's transportation, water and sewer
systems forthe purposes of the Project,and it is necessary therefore that certain property
be condemned, appropriated, taken and damaged for the construction of said
improvements and the Project as provided by this Ordinance, specifically including the
real property and appurtenant rights, interests and improvements as and over the land
legally described in attached Exhibit A, situate in the City of Arlington, Snohomish County,
Washington.
ORDINANCE NO. 2024-022 1
Section 2. Declaration of Necessity. The City Council, after issuing proper notices,
hearing the report(s) of the City Staff, reviewing the planned Project, and conducting a
public meeting and hearing thereon, hereby declares that the property, rights, interests
and improvements described in Exhibit A hereto are necessary for the public use,
specifically for the development along 211th Place NE, together with all necessary
appurtenances and relatedwork.
Section 3. Costs of Acquisition. The costs of acquiring the property, rights,
interests and improvements authorized by this Ordinance shall be paid by the capital
projects fund of the City of Arlington, or such other funds of the City of Arlington as may
be designated from time to time or provided by law.
Section 4. Relocation of Tenants. There are tenants currently located on the
property and the aforementioned acquisition of property, rights, interests and
improvements described in Exhibit A will not make the property in accessible or
uninhabitable, therefore no relocation assistance under RCW Chapter 8.26 is required.
Section 5. Authority of Attorney. The City Attorney, or special outside legal
counsel retained for prosecution of this condemnation action, are hereby directed to
exhaust reasonable efforts through direct negotiations to acquire the necessary property
described herein for the Project. In the event reasonable negotiation efforts are not
successful, the City Attorney or special outside legal counsel are hereby authorized and
directed to begin and prosecute actions and proceedings in a manner provided by law to
condemn,take,damage,and appropriate the property, rights,interests and improvements
necessary to carry outthe provisions of this Ordinance. In conducting such condemnation
proceedings, the City Attorney or special outside legal counsel are hereby authorized to
enter into stipulations for the purpose of minimizing damages.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
Section 7. Effective Date.This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of
the title.
ORDINANCE NO. 2024-022 2
Section 8. Corrections. The City Clerk and the codifiers of this Ordinance are
authorized to make necessary corrections to this Ordinance, including but not limited to
the correction of scrivener's/clerical errors, references, ordinance numbering,
section/subsection numbers, and any references thereto.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 16th
day of September, 2024.
CITY OF ARLINGTON
D E. Vanney,
ATTEST:
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
Ste . PeF e, ity Attorney
ORDINANCE NO. 2024-022 3
EXHIBIT "A"
Legal Description—See attached
ORDINANCE NO. 2024-022 4
EXHIBIT A
Parcel No. 11 Legal Description for Right of Way
Tax Parcel No. 31051100301400
Grantor: Jeremy&Anitra Suchan
Grantee: City of Arlington
That portion of Adjusted Tract 3-014 of Record of Survey for the Judgement of Snohomish
County Superior Court Cause No. 94-2-08525-3, recorded under Snohomish County Auditor's
File No. 9502135004, all in the Southwest quarter of Section 11, Township 31 North, Range 5
East of the Willamette Meridian described as follows:
Commencing at the West quarter corner of said Section 11; thence South 88' 02' 54" East,
along the East—West center line of said Section 11, a distance of 541.35 feet; thence South 2°
22' 00"West a distance of 377.85 feet to a point on the South margin of 211th St. NE (also
known as SSH-1 E Highway) and the Northwest corner of said Adjusted Tract 3-014 the True
Point of Beginning; thence South 5° 09' 59"West, along the West line of said Tract, a
distance of 17.38 feet; thence South 810 30' 00" East a distance of 39.69 feet; thence easterly,
along a curve to the right, having a radius of 1416.00 feet, through a central angle of 102513",
an arc distance of 35.10 feet to a point on the East line of said Tract 3-014; thence North 4° 39'
27" East, along said East line, a distance of 17.51 to the Northeast corner of said Tract; thence
Northwesterly along said north line, on a curve to the left, which center bears South 8° 58'41"
West, having a radius of 1022.14 feet,through a central angle of 0°14'24", an arc distance of
4.28 feet; thence North 810 15' 43"West, along said North line, a distance of 70.34 feet to the
True Point of Beginning.
Together with a temporary construction easement for road and utility purposes, over, under,
across, and through that portion of said Adjusted Tract 3-014 described as follows:
Commencing at the Northwest corner of said Tract; thence South 5° 09' 59" West, along the
West line of said Tract, a distance of 17.38 feet to the True Point of Beginning; thence South
81' 30' 00" East a distance of 39.69 feet; thence easterly, along a curve to the right, having a
radius of 1416.00 feet, through a central angle of 1'25'13", an arc distance of 35.10 feet to a
point on the East line of said Tract; thence South 4' 39' 27"West, along said East line, a
distance of 4.02 feet; thence Northwesterly, along a curve to the left, which center bears South
9° 56' 09"West, having a radius of 1412.00 feet, through a central angle of 0°26'22", an arc
distance of 10.83 feet; thence South 3° 47' 10"West a distance of 38.91 feet; thence North 860
12' 50" West a distance of 12.00 feet; thence North 30 47' 10" East a distance of 40.06 feet;
thence Northwesterly, along a curve to the left, which center bears South 9° 00' 24"West,
having a radius of 1412.00 feet, through a central angle of 0030'24", an arc distance of 12.48
feet; thence North 81° 30' 00" West a distance of 39.46 feet to a point on the West line of said
Tract; thence North 50 09' 59" East, along said West line, a distance of 4.01 feet to the True
Point of Beginning.
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Rev01 vsw 7-23-2024
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No.
2024-022 was approved at the September 16, 2024 City Council meeting.
ORDINANCE NO. 2024-022
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, RELATING TO THE
ACQUISITION BY CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF
ARLINGTON NECESSARY FOR DEVELOPMENT ALONG 211TH PLACE NE; DIRECTING
STAFF TO EXHAUST ALL REASONABLE NEGOTIATION EFFORTS TO PURCHASE
PROPERTY NECESSARY FOR THE PROJECT; DESCRIBING THE PUBLIC CONVENIENCE, USE
AND NECESSITY OF THE PROJECT AND SUCH PROPERTY; PROVIDING FOR THE
CONDEMNATION, APPROPRIATION AND USE OF THE PROPERTY THEREFORE;
PROVIDING THE MODE OF PAYMENT OF COST OF ACQUISITION OF THE PROPERTY; AND
DIRECTING THE CITY ATTORNEY TO PROSECUTE SUCH CONDEMNATION ACTION AS MAY
BE NECESSARY IN SNOHOMISH COUNTY SUPERIOR COURT IN THE EVENT DIRECT
PURCHASE EFFORTS ARE NOT SUCCESSFUL"
A true and correct copy of the original ordinance is attached.
Dated this 16th day of September, 2024
Wendy Van ffer Meersche
City Clerk for the City of Arlington
SUMMARY OF ORDINANCE NO. 2024-022
City of Arlington, Washington
On the 16th day of September, 2024, the City Council of the City of Arlington passed
Ordinance No. 2024-022. A summary of the content of said Ordinance, consisting of the title, is
provided as follows:
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, RELATING TO THE ACQUISITION BY
CONDEMNATION OF CERTAIN REAL PROPERTY IN THE CITY OF ARLINGTON NECESSARY FOR
DEVELOPMENT ALONG 211TH PLACE NE; DIRECTING STAFF TO EXHAUST ALL REASONABLE
NEGOTIATION EFFORTS TO PURCHASE PROPERTY NECESSARY FOR THE PROJECT; DESCRIBING
THE PUBLIC CONVENIENCE, USE AND NECESSITY OF THE PROJECT AND SUCH PROPERTY;
PROVIDING FOR THE CONDEMNATION, APPROPRIATION AND USE OF THE PROPERTY
THEREFORE; PROVIDING THE MODE OF PAYMENT OF COST OF ACQUISITION OF THE PROPERTY;
AND DIRECTING THE CITY ATTORNEY TO PROSECUTE SUCH CONDEMNATION ACTION AS MAY BE
NECESSARY IN SNOHOMISH COUNTY SUPERIOR COURT IN THE EVENT DIRECT PURCHASE
EFFORTS ARE NOT SUCCESSFUL.
The full text of this Ordinance will be mailed upon request.
City Clerk
FILED WITH THE CITY CLERK: September 17, 2024
PASSED BY THE CITY COUNCIL: September 16, 2024
PUBLISHED: September 19, 2024
EFFECTIVE DATE: September 24, 2024
ORDINANCE NO.: 2024-022
ORDINANCE NO. 2024-022 5