Loading...
Ordinance 1851ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR CONSTRUCTION OF A MUNICIPAL WATER RESERVOIR FACILITY; PROVIDING FOR THE AUTHORIZATION OF THE CITY ATTORNEY TO INITIATE PROCEEDINGS FOR CON- DEMNATION, APPROPRIATION TAKING AND DAMAGING OF LAND AND OTHER PROPERTY NECESSARY THEREFORE; DECLARING THE NECESSITY THEREFORE; AND PROVIDING FOR PAYMENT THEREOF. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City of Edmonds presently owns, operates and maintains a municipal water reservoir facility along Bowdoin Way in the City of Edmonds. The present and future needs of the people of Edmonds necessitate the construction, operation and maintenance of an additional water reservoir facility within the City. The public health, safety, welfare, necessity and convenience demand and the City Council so finds that this additional municipal water reservoir facility should be con- structed, maintained and operated upon certain properties located adjacent to the existing water reservoir facility and more fully described in Exhibit "A", attached hereto, and by this reference incorporated as if set forth in full. Section 2. That the City and the owners of the property have been unable to reach an agreement for the purchase price of said property and further negotiations would be of no avail. All lands, rights and privileges sought within the limits of the property described in Exhibit "A" should be and are hereby condemned, appropriated, taken and damaged for public use and necessity for the construction, maintenance and operation of a water reservoir facility and for the purposes of protecting such supply of water from pollution. All such lands, rights and privileges sought are to be taken, damaged and/or appropriated only after just compensation has been made or paid in court for the owners in the manner provided by law. Section 3. The entire cost of the improvement provided for herein shall be paid from the water department fund or general funds of the City applicable thereto or such other funds as may be designated or created by the City Council of the City of Edmonds. Section 4. The City Attorney is hereby authorized and directed to begin and prosecute the proceedings provided by law to condemn, take, appropriate and damage the lands, rights, privileges and other property necessary to carry out the provi- sion of this Ordinance and he is further authorized in conducting said proceedings and for the purpose of minimizing damages to stipulate as to use of the property or rights thereby authorized to be condemned and appropriated, the size of such appropriation and as to the reservation of any right of use to any owner, provided that said stipulation does not interfere with the use of said property by the City as provided by this Ordinance. APPROVED: MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IRENE,4VARNEY MORAN FILED WITH THE CITY CLERK: May 11, 1976 PASSED BY THE CITY COUNCIL: June 1, 1976 PUBLISHED: June 9, 1976 FXNTRTT "A" PARCEL NO. l: BEFORE TAKING That portion of Lot 18, Block 5, Alderwood Manor No. 9, lyinq within the NE 1/4 of the NW 1/4 of Section 30, Township 27 North, Range 4 East, W.M.., and more particularly described as follows: Beginning at the intersection of the West line of Lot 18 with the North line of Section 30; thence South along said West line to the northwest corner of Parcel "A" of those tracts conveyed to the City of Edmonds and recorded under Auditor's File No. 1385953, records of Snohomish County, Washington; thence East along the North line of said Parcel "A" 120.00 feet to the northeast corner thereof; thence North parallel to the West line of Lot 18 to its intersection with the North line of Parcel "B" as recorded under Auditor's File No. 1385953 projected westerly; thence East along said North line to its intersection with the East line of Lot 18; thence North along said East line to its intersection with the North line of Section 30; thence West along said North line to the Point of Beginning. TAKING: Fee simple title to the above -described property. Record owners or those persons or parties having an interest in the above described real property: Dr. R.E. Suchert and Jane Doe Suchert, his wife; also all other persons or parties known or unknown heirs claiming any right, title, estate, lien or interest in the above -described property.