HomeMy WebLinkAboutOrdinance No. 2020-027 An Ordinance of the City of Arlington, Washington, Relating to the Acquisition by Eminent Domain of Certain Real Property.. ORDINANCE NO. 2020-027
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 204TH STREET
ROUNDABOUT PROJECT; 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 NOTSUCCESSFUL.
WHEREAS, concurrent with Arlington's 204tn _ 77tn Roundabout Project (the
"Project"), the City is preparing to implement infrastructure improvements; and
WHEREAS, the Project requires acquisition of certain real property and 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 been and is continuing to negotiate the purchase of
the necessary Property from the Property owner but has yet to conclude a real
property purchase and sale agreement for 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 204th Street for the
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, and the temporary construction
easement over the land legally described in attached Exhibit A-1, situate in the City
of Arlington, Snohomish County, Washington.
ORDINANCE NO. 2020-027 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 and Exhibit
A-1 hereto are necessary for the public use, specifically for the 204th — 77tn
Roundabout Project, together with all necessary appurtenances and related
work.
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. The costs of relocation are not covered
as benefits under the Relocation Act. The City hereby opts out of this program
because this project is not funded under state or federal sources. No tenant
should presume city reimbursement under this action.
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 out
the 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.
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.
ORDINANCE NO, 2020-027 2
POSED by the ity�ou cil of the City of Arlington and APPROVED by the Mayor
this_/ `"'day of /77 2020.
CITY OF ARLINGTON
atz"�' z/t6Y_ - _
Barbara Tolbert, Mayor
ATTEST:
Wendy VarfDer Mee rsche, City Clerk
APPROVED AS TO FORM:
Steve if j, le, City Attorney
ORDINANCE NO. 2020-pl 3
EXHIBIT "A" and A-1
Legal Description—See attached
ORDINANCE NO. 2020-027 4
EXHIBIT A
City of Arlington 20411 St, Roundabout Project
Parcel#3-EJD,LLC
Tax Parcel No.00847300000300
Legal Description of Right of Way Acquisition
That portion of the City of Arlington Boundary Line Adjustment No.2-04-050•BLA,recorded under
Snohomish County Auditor's File No.200501105157.being a portion of Lot 3,Jensen Farm Division 1,
according to the Plat thereof recorded in Volume 60 of Plats,pages 32 through 35,inclusive,records of
Snohomish County,Washington,and is described as follows:
Commencing at the Southwest corner of said Lot I. thence North 89*15'39"West,along the
South line of said Lot 3,a distance of 132.69 feel to the True Point of Beginning, thence North
28°07'21"West a distance of 23.00 feet, thence North 16'06'04"West a distance of 33.69 feet;
thence North 7"57'59"West a distance of 33,69 feet to a point on the West line of said Lot 3;
thence South 9°44'49"West,along said West line,a distance of 51.64 feet; thence continuing
along the west line,on a curve to the left,having a radius of 30.00 feet,through a central angle of
99°00'28",an arc distance of 51.84 feet; thence South 89'15'39"East,along the South line of said
Lot 3,a distance of 4.42 feet to the True Point of Beginning.
Containing 1,124 square feet,more or less.
Page 1 of 2
EXHIBIT A-1
City of Arlington 2041h St. Roundabout Project
Parcel#3-EJD,LLC
Tax Parcel No.00847300000300
Temporary Construction Easement
Together with a temporary construction easement over,under,across and through the following
described portion of said Lot 3,Jensen Farm Division,described as follows:
Commencing at the Southwest corner of said Lot 3; thence North 89*1539"West,along the
South line of said Lot 3,a distance of 14.74 feet to the True Point of Beginning; thence,
continuing along said South line,North 89°15'39"West a distance of 117.95 feet; thence North
28°07'21"West a distance of 23.00 feet; thence North 16°06'04"West a distance of 33.69 feet;
thence North 7°57'59"West a distance of 33.69 feet to a point on the West line of said Lot 3;
thence North 9°44'49"East,along said West line,a distance of 5.97 feet; thence continuing along
the West line,on a curve to the left,having a radius of 330.00 feet,through a central angle of
1"54'44",an arc distance of 11.01 feet; thence South 7'57'59"East a distance of 49.57 feet;
thence South 16°06'04"East a distance of 17.84 feet; thence South 0°44'06"West a distance of
16.35 feet; thence South 89°20'55"East a distance of 21.76 feet; thence South 1"00'02"West a
distance of 15.11 feet; thence South 89°15'39"East a distance of 107.07 feet; thence South
0°44'21"West a distance of 5.00 feet to the True Point of Beginning.
Containing 1,204 square feet,more or less.
Situate in the County of Snohomish,State of Washington.
Page 2 of 2
SUMMARY OF ORDINANCE NO. 2020-027
City of Arlington, Washington
On the 19th day of October, 2020, the City Council of the City of Arlington
passed Ordinance No. 2020-027. 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 EMINENT DOMAIN OF CERTAIN REAL PROPERTY IN THE CITY
OF ARLINGTON NECESSARY FOR THE 204T" — 77T" ROUNDABOUT PROJECT;
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:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORDINANCE NO. 2020-027 5
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.
2020-027 was approved at the October 19, 2020 City Council meeting.
ORDINANCE NO. 2020-027
"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 204TH STREET ROUNDABOUT PROJECT; 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 20th day of October, 2020.
J�t 7,4i i7j)kMtSi.,p
Wend rsche
City Clerk for the City of Arlington
NOTICE OF PLANNED FINAL ACTION
City of Arlington Eminent Domain Proceedings
(RCW 8.25.290)
Subject Property: 7715 —204'h Street NE, Arlington, WA 98223
Snohomish County Tax Parcel No. 00847300000300
Record Property Owner shown on County Tax Roll: EJD, LLC
NOTICE IS HEREBY GIVEN that the City Council of the City of Arlington,
condemnor, will consider taking final action by approval and passage of a
condemnation ordinance that will authorize the City Attorney, if necessary, to
commence- eminent domain (condemnation) proceedings against the above-
described subject property. A draft copy of the proposed ordinance is attached to this
notice.
The date, time, and location fixed for council consideration of this proposed
condemnation ordinance is Monday, October 19, 2020, at 7:00 p.m. in the Arlington City
Council Chambers, located at 103 E. Third Street, Arlington, Washington, 98223,
meeting to be conducted via Zoom, details can be found at the following website:
http://www.arlingtonwa.gov/AgendaCenter/ or by contacting the undersigned at
360-403-3481.
Wendy VA Der Meersche
City Clerk
NOTICE OF ACTION 1
DECLARATION OF SERVICE
I declare as follows:
1. I am a citizen of the United States of America, a resident of the State of
Washington, over the age of eighteen (18) years, not a party to the above-entitled
action, competent to be a witness herein, and have personal knowledge of the facts
stated below.
2. On October 2, 2020, and in the manner indicated below, I caused the foregoing
Notice of Planned Final Action and this Declaration of Service to be served upon
the following and in the manner indicated:
EJD, LLC
Bonnie Johnson, Member
2033 6th Ave., Suite 251
Seattle, Wa 98121-2526
[ ] By U.S. Mail - First Class, Postage Pre-Paid
[ X ] By U.S. Mail - Certified Mail/Return Receipt Requested, Postage Pre-
Paid. Article No.: 7019 2970 0000 9252 1507
[ ] By Facsimile:
[X ] By Email: bonnie c(D.bonnielohnsonlaw.com
EJD, LLC
c/o Craig Sternberg, Attorney at Law
2033 6th Ave., Suite 251
Seattle, Wa 98121-2526
[ ] By U.S. Mail - First Class, Postage Pre-Paid
[ X ] By U.S. Mail - Certified Mail/Return Receipt Requested, Postage Pre-
Paid. Article No.: 7019 2970 0000 9252 1514
[ ] By Facsimile:
[ X ] By Email: css(aDstoslaw.com
NOTICE OF ACTION 2
EJD, LLC
Bonnie Johnson, Member
203 Los Banos Ave.
Walnut Creek, CA 94598-3131
[ ] By U.S. Mail - First Class, Postage Pre-Paid
[ X ] By U.S. Mail - Certified Mail/Return Receipt Requested, Postage Pre-
Paid. Article No.: 7019 2970 0000 9252 1521
[ ] By Facsimile:
[ ] By Email:
I declare under penalty of perjury under the laws of the State of Washington
that the foregoing is true and correct.
Executed at Arlington, Snohomish County, Washington on October 2, 2020.
D larant: Lisa White
NOTICE OF ACTION 3