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Home My WebLink AboutOrdinance No. 2026-011 Providing for the Acquisition, Condemnation, Appropriation, and Taking of Permanent and Temporary Real Property Rights at the Intersection of 180th Street and Smokey Point BoulevardORDINANCE NO. 2026-011 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON PROVIDING FOR THE ACQUISITION, CONDEMNATION, APPROPRIATION, AND TAKING OF PERMANENT AND TEMPORARY REAL PROPERTY RIGHTS IN ORDER TO CONSTRUCT A ROUNDABOUT AT THE INTERSECTION OF 180" STREET NE AND SMOKEY POINT BOULEVARD; PROVIDING THAT THE PROJECT COSTS SHALL BE PAID FROM AVAILABLE FUNDS; AND DIRECTING THE CITY ATTORNEY TO PROSECUTE A CONDEMNATION ACTION IN THE MANNER PROVIDED FOR BY LAW WHEREAS, the City of Arlington ("City') has planned, designed, and is in the process of constructing the Smokey Point Boulevard Corridor Improvements; WHEREAS, as part of that process, the City of Arlington determined that a roundabout should be constructed at the intersection of 180' Street NE and Smokey Point Boulevard (the "Project") to improve vehicle mobility and increase pedestrian and vehicle safety; and WHEREAS, it is necessary for the City to acquire real property and a temporary construction easement from a private property owner as part of the Project; and WHEREAS, the City has attempted to negotiate voluntary property agreements to acquire the necessary property rights, but an agreement has not been reached with one of the property owners; and WHEREAS, the City Council would like to authorize condemnation of the owner's property interests if voluntary negotiations are unsuccessful; and WHEREAS, pursuant to RCW 8.25.290, the City mailed and published notice to the property owner whose land this ordinance authorizes to be condemned advising such owner that a final action would be taken to authorize condemnation of the required property interests at the May 4, 2026 Arlington City Council meeting; and WHEREAS, the City Council finds that the property interests described in this Ordinance are necessary to the Project and that it is in the public interest to condemn the property interests for the public health, safety, welfare, and transportation needs. NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Need for Property — Public Use. The public health, safety, necessity, and convenience demand that the 180th Street NE and Smokey Point Boulevard Roundabout ("Roundabout") be constructed to improve vehicle mobility and increase pedestrian and vehicle safety. It is necessary that certain property be condemned, appropriated, and taken for the construction of the Roundabout Project, including the real property and temporary construction easement legally described and depicted in Exhibit A and incorporated herein by this reference. This Project is a public use for which the City is authorized to condemn property and property interests under RCW 8.12.030. Section 2. Declaration of Necessity. The City Council has reviewed the planned improvements as part of the review and adoption of the Project and hereby declares that the property rights described and depicted in Exhibit A are necessary for the construction of the Roundabout Project and must be acquired by the City of Arlington. Section 3. Exercise of Eminent Domain Power. The property interests described and depicted in Exhibit A are hereby condemned, appropriated, taken, and damaged through the exercise of eminent domain for the public purposes described herein. The taking of said property interests is subject to the making or payment of just compensation to the owner(s) and possessor(s) of the property, as applicable, in the manner prescribed by law. Section 4. Source of Funds. The entire cost of the property acquisition authorized by this ordinance, including all costs and expenses of any eminent domain proceedings, shall be paid from such available funds as may be appropriate under the circumstances. Section 5. Authority of City Attorney. The City Attorney is hereby authorized and directed to exhaust reasonable efforts through direct negotiations to acquire the necessary property described herein for the Project. In the event reasonable negotiations efforts ae not successful, the City Attorney is hereby authorized and directed to initiate and prosecute legal proceedings to condemn, take, and appropriate the property interests described and depicted in Exhibit A to carry out the provisions of this ordinance. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 7. Effective Date. The title of this ordinance, which summarizes the contents, shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 4tn day of May, 2026. TY O ARLINGTON D E. Van , yor ATTES Rae J n s, erk APPRWa Oskar Rey, City Attorney Legal Descriptions for City of Arlington 1801' St -Smokey Point Blvd Roundabout Right of Way Acquisitions & Dedications TAX PARCEL 31052000403500 17930 SMOKEY POINT BLVD RICKY AND SUSAN GRAHAM That portion of the City of Arlington Vacated Short Plat #Z-04-012, according to the short plat thereof, as recorded under auditors file no. 200405075148, records of Snohomish County, Washington, lying northeasterly of the following described line; Commencing at the southeast corner of said Short Plat #Z-04-012; thence North 11 14' 50" East, along said east line, a distance of 53.74 feet to the True Point of Beginning of the herein described line; thence north 60 35' 21" west, for a distance of 10.32 feet; thence northwesterly, on a curve to the left, which center bears south 800 02' 27" west, having a delta of 90 33' 00", having a radius of 33.50 feet , an arc distance of 5.58 feet; thence northwesterly, on a curve to the left, which center bears south 730 51' 11" west, having a delta of 120 26' 06", having a radius of 203.50 feet, an arc distance of 44.17 feet; thence northwesterly, along a curve to the left, which center bears south 610 25' 35" west, having a delta angle of 300 15' 36", having a radius of 32.50 feet, an arc distance of 17.17 feet; thence northwesterly, along a curve to the left, which center bears south 311 03' 04" west, having a delta angle of 130 37' 12", having a radius of 99.70 feet, an arc distance of 23.70 feet to the north line of said City of Arlington Vacated Short Plat #Z-04-012 and the terminus of the herein described line. Together with a 5.00 feet temporary construction easement adjoining the southwesterly side of the herein described line and said easement extends southeasterlyto the said east Line of Vacated Short Plat. 180TH ST NE 0 J m 31052000403500 z z O a LU w Y O This data is provided 'as is' without warranty of any kind. The entire risk as to the results and performance of the data is assumed by you. Should the data prove defective, you assume the entire cost of all necessary servicing, repair, or correction. These data and corresponding attributes are not to be used for design purposes. Further, the City of Arlington does not warrant, guarantee, or make any representations regarding the use of, or results from the use of the data in terms of correctness, accuracy, reliability, currentness, or otherwise; and you rely on the data and results solely at your own risk. There are known gaps and inaccuracies in the current data set and the provided information should be considered a draft and in -progress work. Washington State Law, Ch. 42.56 RCW, prohibits state and local agencies from providing access to lists of individuals intended for use for commercial purposes and thus, no commercial use may be made of any Data comprising lists of individuals contained herein. City ofArlingion Legend Exhibit B ® Right of way N Right of Way & Temporary Construction Easement OTemporary Construction Easement Scale: File: EasementsLayouts/ Building 1 inch = 40 feet ROWTCEExhibitB8.5x11_2025 Assessor Parcel Date: 8/28/2025 Cartographer: Ihb CERTIFICATION OF ORDINANCE I, Raelynn Jones, being the duly appointed Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2026-011 was approved at May 4, 2026 City Council meeting. ORDINANCE NO. 2026-011 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON PROVIDING FOR THE ACQUISITION, CONDEMNATION, APPROPRIATION, AND TAKING OF PERMANENT AND TEMPORARY REAL PROPERTY RIGHTS IN ORDER TO CONSTRUCT A ROUNDABOUT AT THE INTERSECTION OF 180th STREET NE AND SMOKEY POINT BOULEVARD; PROVIDING THAT THE PROJECT COSTS SHALL BE PAID FROM AVAILABLE FUNDS; AND DIRECTING THE CITY ATTORNEY TO PROSECUTE A CONDEMNATION ACTION IN THE MANNER PROVIDED FOR BY LAW" A true and correct copy of the original ordinance is attached. Dated this Sth day of May 2026. ";, �,,, La? 11_36�_ n4lnes City Clerk for the City of Arlington