Ordinance 3916ORDINANCE NO.3916
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING THE ACQUISITION BY
NEGOTIATION OR CONDEMNATION OF REAL
PROPERTY INTERESTS NEEDED FOR THE FIVE
CORNERS ROUNDABOUT PROJECT.
WHEREAS, the City of Edmonds (the "City") is working to plan, design and construct
the Five Corners Roundabout project, which consists of installing a single lane roundabout with
new sidewalk, curb and gutter, streetlights, splitter islands, and streetscape improvements;
converting all overhead utility lines within the intersection to underground; and waterline
replacements and stormwater improvements (collectively, the "Project"); and
WHEREAS, the City issued a SEPA Determination of Non -significance, which threshold
determinations are final; and
WHEREAS, in order to carry out the Project, the City must obtain land and/or property
rights, including any necessary easements and/or rights -of -way in or along 212th St. SW, Main
St, 84th Ave. W, and Bowdoin Way; and
WHEREAS, the City is the lead agency for the Project, and is responsible for obtaining
all necessary land and property rights for the Project; and
WHEREAS, pursuant to State and Federal policies and regulations, the City is acquiring
real property rights, including necessary fee simple titles, easements and rights -of -way, through
negotiations with property owners in or along 212th St. SW, Main St., 84th Ave. W, and
Bowdoin Way, as a result of the Project; and
WHEREAS, if the City is unable to acquire the necessary land and/or property rights,
such as fee simple titles, easements and rights -of -way, in a timely manner, the City must file a
petition in eminent domain (condemnation petition) in order to meet the funding and
construction deadlines for the Project; and
WHEREAS, the City is authorized by Chapter 35A.64 RCW to exercise the power of
eminent domain pursuant to Chapters 8.12 and 8.28 RCW;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The recitals set forth above are hereby adopted as if
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set forth in full herein.
Section 2. Acquisition of Real Property. The rights and interests in the real property
described on Exhibits 1 through 4 ("Property"), attached hereto and incorporated herein by
reference, is necessary for the construction of the Five Corners Roundabout P roject, and is
condemned, appropriated, taken and damaged in fee, easement and/or right-of-way for public
purposes, subject to the making or paying of just compensation to the owners thereof in the manner
provided by law.
Section 3. Source of Funds. The cost and expense of acquiring all rights and interests in
the Property shall be paid for from Congestion Mitigation and Air Quality (CMAQ) grant and City
Transportation (Fund 112) funds.
Section 4. Condemnation Authorization. City staff, the City Attorney, and City consultants
for the Project have been negotiating with the property owners to obtain land / property rights. They
have been authorized and directed to enter into any and all negotiations and agreements necessary
to acquire the interests in the Property as described in Exhibits 1 through 4. If such negotiations fail
to acquire such interests in the Property in a timely manner, as determined by the Mayor, the City
Attorney is authorized to prosecute proceedings provided by law to condemn, appropriate and take
the Property and carry out the provisions of this Ordinance.
Section 5. 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 6. 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.
ATTEST/AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
MA
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFFRE B. TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3916
03-15-2013
03-19-2013
03-24-2013
03-29-2013
WIN
SUMMARY OF ORDINANCE NO.3916
of the City of Edmonds, Washington
On the 19th day of March, 2013, the City Council of the City of Edmonds, passed
Ordinance No. 3916. A summary of the content of said ordinance, consisting of the title,
provides as follows:
ORDINANCE NO. 3916
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING THE ACQUISITION BY
NEGOTIATION OR CONDEMNATION OF REAL PROPERTY
INTERESTS NEEDED FOR THE FIVE CORNERS
ROUNDABOUT PROJECT.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of March, 2013.
CI✓11a�ERK SANDRA S. CHASE
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PARCEL NUMBER 00373600100705
PROPERTY OWNER LAKESHORE INVESTMENT //17
PARCEL AREA 0.95 AC (- 41.332 SF1
ROW ACQUISITION AREA
1,753 SF
PARCEL AREA REMAINING
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LANDSCAPE EASEMENT AREA
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CITY OF EDMONDS
ENGINEERING DIVISION
FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT
RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007)
DRAWN BY: K. POTUZAK DATE: 12/11/2012 SCALE: AS NOTED SFIT: 1 OF 1
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ROW ACQUISITION AREA
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PROPERTY OWNER
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PROPERTY OWNER
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PARCEL AREA
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ROW ACQUISITION AREA
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PARCEL AREA REMAINING
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T FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
5URYOFt3}iDINANCE_N4, 39ff3
of the City of Edmonds, Washington
On the 19if1 dap of March, 2013. the City Council of [he City of
Edmond ,passed Ordinance No. 391�6. A sure -,y of the content
of said ordinance, CRnSist' Hof fhe ifllg, paovfda8ssfgtlew&:
ORf) NCE N0.3916
AN ORDINANCE OF; THE CITY OF EDMONDS,
WASHIN'GTON AUTHORIZING THE ACOUISfTION BY
NEGOTIATION OR CONDEMNATION OF REAL
PROPERTY INTERESTS NEEDED FOR THE FIVE
CORNERS ROUNDABOUT PROJECT.
Tha full 1er10 this OrdJnance wlll fie mallad upon request.
DATED thls 20th day of March, 2013.
CITY CLERK. SANDRA S. CHASE
Published: March 24, 2013.
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
of Ordinance No. 3916
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:
Ylarch 24, 2013
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this 25th
day of Nlarch,2013
Notary Public in and for the State of Washington,
County,
Account Name: City of Edmonds Account Number: 101416
Order Number: 0001814753