Ordinance 33961
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ORDINANCE NO. 3396
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, PROVIDING FOR THE ACQUISITION OF
CERTAIN PROPERTY WITHIN THE CITY OF EDMONDS FOR
THE PURPOSE OF INSTALLING IMPROVEMENTS ALONG
SR 99 AND VICINITY; PROVIDING FOR THE
CONDEMNATION, APPROPRIATION, TAKING AND
DAMAGING OF LAND OR OTHER PROPERTY NECESSARY
THEREFORE; AUTHORIZING AN INTERLOCAL
AGREEMENT WITH THE CITY OF LYNNWOOD
AUTHORIZING LYNNWOOD TO PROSECUTE SUCH ACT ON
BEHALF OF THE CITY OF EDMONDS IN ACCORDANCE
WITH THE MANNER PROVIDED BY LAW FOR SAID
CONDEMNATION; ESTABLISHING AN EFFECTIVE DATE;
AND PROVIDING FOR SUMMARY PUBLICATION.
WHEREAS, the cities of Edmonds and Lynnwood have undertaken the
improvement of portions of Highway 99 in the cities of Lynnwood and Edmonds pursuant to an
Interlocal Agreement dated August 9, 1990; and
WHEREAS, the 1990 Agreement provides that if condemnation is necessary to
acquire any right -of way, the general purpose governments shall exercise their authority within
their respective jurisdictions; and
WHEREAS, the City of Lynnwood has been designated as the lead agency for the
SR 99 project improvements; and
WHEREAS, the City of Lynnwood and the City of Edmonds will enter into an
interlocal agreement in conjunction with this ordinance authorizing Lynnwood to prosecute the
condemnation action; and
4-
1 WHEREAS, one parcel within the City of Edmonds has yet to be acquired and the
2 property owners of said parcel have failed to accept Lynnwood's offer to purchase the property;
3 and
4 WHEREAS, acquisition of this property is essential to the completion of
5 improvements of Highway 99; NOW, THEREFORE,
0
7 THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
Section 1. Need for Property. The real property described herein is necessary for
the installation of improvements to SR 99, and the public necessity and convenience demand that
the project be constructed and maintained and that the real property described herein below be
condemned, appropriated, taken and damaged for the construction of said improvements as
provided by this ordinance.
Section 2. Declaration of Necessity. The City Council of the City of Edmonds, after
hearing the report of the City staff, and after reviewing the planned improvements for the project,
hereby declares that the property described on Exhibit A attached hereto and incorporated herein by
this reference as if fully set forth, is necessary for public use, i.e., for the installation of
improvements to SR 99.
Section 3. Condemnation. The real property described on Exhibit A shall be, and
the same is hereby condemned, appropriated, taken and damaged for the purposes of installing
improvements to SR 99, together with all necessary appurtenances and related work to complete the
improvements. Condemnation of the property is subject to the making or paying of just
compensation to the owners thereof in the manner provided by law.
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Section 4. An Interlocal Agreement, attached hereto as Exhibit B, and incorporated
by this reference as fully as if herein set forth, is hereby approved, thereby authorizing the City of
Lynnwood through its City Attorney to undertake any and all necessary legal action and
proceedings necessary to and in the manner provided by law, including but not limited to
condemnation, to acquire the property described in the attached Exhibit A.
Section 5. The entire cost of the property acquisition authorized by this ordinance,
including all costs and expenses of condemnation proceedings, shall be paid in accordance with the
underlying Interlocal Agreement of August 9, 1990, and may be paid from the general fund of the
City and from such other funds as the City Council shall deem appropriate.
Section 6. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional 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 /Summary Publication. This ordinance, being the exercise
of a power specifically delegated to the City legislative body, is not subject to referendum, and shall
take effect and be in full force five (5) days after its passage and publication of the attached
summary, which is hereby approved.
PASSED this 23rd day of April, 2002, and signed in authentication of its passage this 24th
day of April, 2002.
Z��4'4-
O AR HAAKENSON
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ) &�
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3396
04/192002
04/23/2002
04/28/2002
05/03/2002
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SUMMARY OF ORDINANCE NO. 3396
of the City of Edmonds, Washington
On the 2P day of April, 2002, the City Council of the City of Edmonds, passed
Ordinance No. 3396. A summary of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, PROVIDING FOR THE ACQUISITION OF
CERTAIN PROPERTY WITHIN THE CITY OF EDMONDS FOR
THE PURPOSE OF INSTALLING IMPROVEMENTS ALONG
SR 99 AND VICINITY; PROVIDING FOR THE
CONDEMNATION, APPROPRIATION, TAKING AND
DAMAGING OF LAND OR OTHER PROPERTY NECESSARY
THEREFORE; AUTHORIZING AN INTERLOCAL
AGREEMENT WITH THE CITY OF LYNNWOOD
AUTHORIZING LYNNWOOD TO PROSECUTE SUCH ACT ON
BEHALF OF THE CITY OF EDMONDS IN ACCORDANCE
WITH THE MANNER PROVIDED BY LAW FOR SAID
CONDEMNATION; ESTABLISHING AN EFFECTIVE DATE;
AND PROVIDING FOR SUMMARY PUBLICATION.
The full text of this Ordinance will be mailed upon request.
DATED this 20 day of April, 2002.
City Clerk, Sandra S. Chase
EXHIBIT "A"
ENTRANCO
MICHAEL G. YEOMAN, PLS
PROJECT NO. 95011-20
SR 99 RIGHT -OF -WAY
February,1997
RIGHT -OF -WAY TAKE
ref. woo
Tax Lot No. 4911 - 000 - 001 -1007
A right -of -way take over and across the following described parcel:
That portion of Tract 1, Lake McAleer Five Acre Tracts, according to the plat thereof recorded in Volume
5 of Pla(s, Page 48, in Snohomish County, Washington, described as follows:
Beginning al a point opposite Highway Engineers Station (hereinafter referred to as H.E.S.) L 188 +66 on
the L Line Survey of SR RA, 2361h Street SW to Meridian Avenue, and 365 feet northeasterly therefrom,
said point also being on the southeasterly right -of -way of SR 99, as said right -of -way existed prior to
March 12, 1970. thence northwesterly to a point opposite H.E.S. 109 +56 on the R Line Survey of said
Highway and 42 feet southeasterly therefrom; thence northeasterly in a straight line to a point opposite
H.E.S. R 109 +82 and 42 feet southeasterly therefrom; thence northeasterly in a straight line to a point
opposite H.E.S. R 110 +00 and 42 feet southeasterly therefrom; thence northeasterly in a straight line to a
point opposite H.E.S. R 110 +50 and 41 feet southeasterly therefrom: thence northeasterly in a straight line
to a point opposite H.E.S. R It 1+00 and 41 feet southeasterly therefrom; thence northeasterly in a straight
line to a point opposite H.E.S. R 111 +50 and 41 feet southeasterly therefrom; thence northeasterly in a
straight line to a point opposite H.E.S. R 112 +00 and 41 feet southeasterly therefrom; thence northeasterly
in a straight line to a point opposite H.E.S. R 112 +50 and 41 feet southeasterly therefrom; thence
northeasterly in a straight line to a point on the south line of the north 135 feet; as measured parallel with
the east line of said tract, which is 41 feet southeasterly, when measured at right angles, from the R Line
of said Highway; thence easterly, along the south line, to the southeasterly right -of -way line of SR 99, as
said right -of -way existed prior to March 12, 1970; thence southwesterly, along said right -of -way line, to
the point of beginning;
EXCEPT that portion thereof conveyed to the State of Washington by Deed recorded September 27, 1976
under recording number 760927(X059
Said right -of -way take described as follows;
BEGINNING at the southwesterly corner of said parcel, being at H.E.S.�R 109 +82,
42.00 feet left: thence North 23 °17'09" East. along the westerly line of said parcel; a
distance of 16.60 feet, thence North 23 °50'34" East, continuing .long said westerly line,
a distance of 17.58 feet: (hence North 23 °45'08" East, continuing along said westerly
line, a distance of 48.86 fee(, thence North 26 °31 U)" East, along said westerly line, a
distance of 48.86 feet, thence South 62'41'16" East a distance of 9.00 feet to the
beginning of a 1750.00 foot radius non - tangent curve to the left, the center of which
bears South 62 °41' 16" East 1750.00 feet distant; thence southeasterly along the arc of
said curve through a central angle of 04'19'18", an arc distance of 131.99 feet to the
southerly line of said parcel: thence North 61 °40'19" West, along said southerly line, a
distance of 8.03 feet to die POINT OF BEGINNING.
Containing an area of 1,117 square feet, more or less.
EXHIBIT A
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EXH III IT "A"
ENTRANCO
MICHAEL G. YEOMAN, PLS.
PROJECT NO. 95011-20
SR 99 RIGHT -OF -WAY
February,1997
RIGIIT -OF -WAY TAKE
ref, D001
Tax Lot No. 4911 -000- 001 -1007
A right -of -way take over and across the following described parcel:
That portion of Tract 1, Lake McAleer Five Acre Tracts, according to the plat thereof recorded in Volume
5 of Plats. Page 48,;.n Snohorrtish County, Washiriglon, described as follows:
Beginning at a point opposite Highway Engineers Station (hereinafter referred to as H.E.S.) L 188 +66 on
the L Line Survey of SR 104, 236th Street SW to Meridian Avenue, and 365 feet northeasterly therefrom,
said point also being on the southeasterly right -of -way of SR 99, as said right -of -way existed prior to
March 12, 1970; thence northwesterly to a point opposite H.E.S. 109 +56 on the R Line Survey of said
Highway and 42 feet southeasterly therefrom; thence northeasterly in a straight line to a point opposite
H.E.S. R 109 +82 and 42 feet southeasterly therefrom; thence northeasterly in a straight line to a point
opposite H.E.S. R 110 +00 and 42 feet southeasterly therefrom; thence northeasterly in a straight line to a
point opposite H.E.S. R 110+50 and 41 feet southeasterly therefrom; thence northeasterly in a straight line
to a point opposite H.E.S. R 1 11+00 and 41 feet southeasterly therefrom; thence northeasterly in a straight
line to a point opposite H.E.S. R 111 +50 and 41 feet southeasterly therefrom; thence northeasterly in a
straight line to a point opposite H.E.S. R 112 +00 and 41 feet southeasterly therefrom; thence northeasterly
in a straight line to a point opposite H.E.S. R 112 +50 and 41 feet southeasterly therefrom; thence
northeasterly in a straight line to a point on the south line of the north 135 feet; as measured parallel with
(lie east line of said tract, which is 41 feet southeasterly, when measured at right angles, from the R Line
of said Highway; thence easterly, along the south line, to the southeasterly right -of -way line of SR 99, as
said right -of -wary existed prior to March 12, 1970; thence southwesterly, along said right -of -way line, to
the point of beginning;
EXCEPT that portion thereof conveyed to the State of Washington by Deed recorded September 27, 1976
under recording number 7609270059
Said right -of -way take described as follows;
BEGINNING at the southwesterly comer of said parcel, being at H.E.SJR 109 +82,
42.00 feet left: thence North 23 °17'09" East. along the westerly line of said parcel; a
distance of 16.60 feet; thence North 23 °50'34" East, continuing along said westerly line,
a distance of 17.58 feet; thence North 23 °45'08" East, continuing along said westerly
line, a distance of 48.86 feet; thence North 26 °31'00" East, along said westerly line, a
distance of 48.86 feet; thence South 62'41'16" East a distance of 9.00 feet to the
beginning of a 1750.00 foot radius non - tangent curve to the left, the center of which
bears South 62 °41'16" East 1750.00 feet distant; thence southeasterly along the arc of
said curve through a central angle of 04 °19'18 ", an arc distance of 131.99 feet to the
southerly line of said parcel: thence North 61'40'19" West, along said southerly line, a
distance of 8.03 feet to die POINT OF BEGINNING.
Containing an area of 1,117 square feet, more or less.
E1 II IT A
f
INTERLOCAL AGREEMENT BETWEEN
CITY OF LYNNWOOD
AND
CITY OF EDMONDS
CONDEMNATION OF PROPERTY WITHIN SR 99 PROJECT
This Agreement is made and executed this day of , 2002, by and
between the City of Lynnwood ( "Lynnwood "), a municipal corporation, and the City of
Edmonds ( "Edmonds "), a municipal corporation.
WHEREAS, the City of Lynnwood, Snohomish County, the City of Edmonds, the
City of Mountlake Terrace and Community Transit executed an interlocal agreement on
August 9, 1990 ( "1990 Agreement ") for the purpose of constructing improvements of SR
99 from 244th Street S.W. to 148th Street S.W.; and
WHEREAS, the 1990 Agreement provided that if condemnation is necessary to
acquire any right -of -way, the general purpose governments shall exercise their authority
within their respective jurisdictions; and
WHEREAS, Lynnwood has been designated as the lead agency for the SR 99
project improvements; and
WHEREAS, Lynnwood and Edmonds executed an interlocal agreement on
August 10, 1999 by which Edmonds granted to Lynnwood the authority to acquire
temporary construction permits or easements within the City of Edmonds, which are
necessary for the construction of the SR 99 project improvements; and
WHEREAS, a portion of the property located on the southwest corner of the site
occupied by the Burlington Coat Factory, 24001 Highway 99, was listed as a parcel in the
August 10, 1999 agreement requiring either a temporary construction permit or an
easement; and
WHEREAS, Lynnwood must acquire fee title to the property rather than an
easement and entered into an Immediate Use and Possession Agreement with Eastern
Investment Corporation and John and Sophia Doces for the use of the parcel on
September 24, 1997; and
WHEREAS, the property owners dispute the amount of compensation owed for
the property; and
WHEREAS, Lynnwood is nearing completion of the SR 99 improvements and
must complete the acquisition of the property; NOW THEREFORE
1
r'
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IN CONSIDERATION of the promises and mutual covenants contained in the
Parties' interlocal agreement and in this Agreement, it is mutually agreed as follows:
1. The City of Lynnwood as lead agency for the SR 99 project improvements
is authorized to acquire by condemnation the property described in Exhibit A attached
hereto and incorporated by reference within the City of Edmonds, which property is
necessary for the construction of the SR 99 project improvements.
2. Edmonds, by and through its City Council, agrees to take all necessary
legislative and administrative steps necessary to authorize the condemnation of any
property lying within its jurisdiction.
3. All provisions of the Parties' Interlocal Agreement dated August 9, 1990
and any amendments thereto not modified by this Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties have signed this agreement, effective on
the date indicated above.
CITY OF LYNNWOOD
By:
Mike McKinnon
Mayor
ATTEST:
By:
Mike Bailey
Finance Director
APPROVED AS TO FORM:
By:
Greg A. Rubstello
City Attorney
2
CITY OF EDMONDS
By:
G y Haa nson
Mayor
ATTEST:
By:
Sandra Chase
City Clerk
APPROVED AS TO FORM:
By: _ ) STC- -4,1-
W. Scott Snyder
City Attorney
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
On the 23rd day f City
City of Edmonds, ass 2002, the City Council 6 the
Passed Ordinance No. 3396. A
summary of the content of said ordinance, consisting
the title, provides as follows:
I AN ORDINANCE OF THE CITY OF EDMONDS,
_ WASHINGTON, PROVIDING FOR THE ACQUISI-
TION OF CERTAIN PROPERTY WITHIN THE CITY
OF EDMONDS FOR THE PURPOSE OF INSTAL-
LING IMPROVEMENTS ALONG SR 99 AND VICIN-
ITY ^PROVIDING FOR THE CONDEMNATION, AP.
FORE; AUTHORIZING AN INTERLOCAL A6R _
MENT WITH THE CITY OF LYNNWOOD AUTH-
ORIZING LYNNWOOD TO PROSECUTE SUCH ACT
ON BEHALF OF THE CITY OF EDMONDS IN
ACCORDANCE WITH THE MANNER PROVIDED BY
LAW AND SAID CONDEMNATION; ESTABLISHING
AN EFFECTIVE DATE; AND PROVIDING FOR
SUMMARY PUBLICATION
The full text of this Ordinance will be mailed upon
request.
I —DATED this 24th day of April, 2002.
Cityy
Clerk, SANDRA S. CHASE
Published: April 28,.20 2. .°. aw. o,..
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is
Principal Clerk of THE HERALD, a daily newspaper printed and published
in the City of Everett, County of Snohomish, and State of Washington; that
said newspaper is a newspaper of general circulation in said County and
State; that said newspaper has been approved as a legal newspaper by order
of the Superior Court of Snohomish County and that the notice
City of Edmonds
Summary of Ordinance No. 3396 \
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
April 28, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period.
C
AA
Principal Clerk
Subscribed and sworn to before me this 29th
day of April, 2002
RECEIVED
MAY 4.,,f 2002
EDMONDS CITY CLERK