Ordinance 3997ORDINANCE NO.3997
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING THE ACQUISITION BY
NEGOTIATION OR CONDEMNATION OF REAL
PROPERTY INTERESTS NEEDED FOR THE 76' @ 212'
INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the City of Edmonds (the "City") is working to plan, design and construct the
76`4 @ 212;h Intersection Improvements, which consists of improving intersection capacity with
the addition of left turn lanes for the northbound and southbound movements, as well as right
turn lanes for the westbound, southbound, and northbound movements. A new traffic signal will
be installed with protected -permissive left turn phasing and right turn overlaps for all
approaches. Additional improvements include new sidewalk, ADA compliant curb ramps, bike
lanes, street lights, stormwater detention and water quality enhancements, and water / sewer
pipeline replacements (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 76"' Ave. W and 212"'
St. SW: 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 212t' St. SW and 76' Ave. W.
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;
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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
set forth in full herein.
Section 2. Acquisition of Real Property. The rights and interests in the real property shown
in yellow highlight in the Right -of -Way Plan, attached hereto and incorporated herein by reference,
is necessary for the construction of the 7e @ 212'0 Intersection Improvements Project, 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 a Federal grant and City 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 shown in yellow highlighted parcels in Right -of -Way plan.
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:
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C1T ERK, S SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JE REY B. TARADAY
FILED WITH THE CITY CLERK: May 1, 2015
PASSED BY THE CITY COUNCIL: May 5, 2015
PUBLISHED: May 10, 2015
EFFECTIVE DATE: May 15, 2015
ORDINANCE NO. 3997
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SUMMARY OF ORDINANCE NO. 3997
of the City of Edmonds, Washington
On the 5th day of May, 2015, the City Council of the City of Edmonds, passed
Ordinance No. 3997. A summary of the content of said ordinance, consisting of the title,
provides as follows:
ORDINANCE NO. 3997
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING THE ACQUISITION BY
NEGOTIATION OR CONDEMNATION OF REAL PROPERTY
INTERESTS NEEDED FOR THE 76`h @ 212" INTERSECTION
IMPROVEMENTS PROJECT.
The full text of this Ordinance will be mailed upon request.
DATED this 61h day of May, 2015.
CI" RK, SCOTT A �Y
II
Everett Daily Herald
Affidavit of Publication
State of Washington I
County of Snohomish } ss
Kathleen Landis being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH632019 SUMMARY OF
ORDINANCE as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
05/10/2015 and ending on 05/10/2015 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$73.96.
Subscribed
and sworn
da f
before me on this
Notary Public in and for the State of
Washington.
City oFEdmonds - LEGAL ADS 114101416
SCOTT PASSEY
RECEIVED
MAY 18 2015
EDMONDS CITY CLERK
DEBRA ANN GRIGG
Notary Public
State of Washington
My Commission Expires
October 31, 2017
SUMMARYOF_OH0INANCES
4 of the City of Edmonds. Washirtgtan
On the "h day of May, 2015, "a Clty Coune" of the City aI
Edmonds, passed the fpllawinp Crdlnances. A summeryy of She
content of said ordfnances, consisting of tilles, are provided as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS. WASHINGTON,
RELATING TO THE COMBINED WATER AND SEWERAGE
SYSTEMS COMPRISING THE WATERWORKS UTILITY OF THE
CITY. SPECIFYING. ADOPTING AND ORDERING THE
CARRYING OUT OF A SYSTEM OR PLAN OF ADDITIONS TO
AND BETTERMENTS AND EXTENSIONS OF THE COMBINED
WATERWORKS UTILITY; PROVIDING FOR THE ISSUANCE OF
ONE OR MORE SERIES OF WATER AND SEWER REVENUE
BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED
$20,000.000 FOR THE PURPOSE OF PROVIDING THE FUNDS
NECESSARY,. (A) TO PAY ALL OR A PORTION OF THE COSTS
OF CARRYING OUT THAT PLAN OF ADDITIONS, B TO MAKE
A DEPOSIT TO THE DEBT SERVICE RESERVE ACCOUNT„
AND (CI TO PAY THE COSTS OF ISSUANCE AND SALE OF
THE BONDS; FIXING OR SETTING PARAMETERS WITH
RESPECT TO CERTAIN TERMS AND COVENANTS OF THE
BONDS• APPOINTING THE CITY'$ DESIGNATED
REPRESE`NITATIVETO APPROVE THE FINAL TERMS OF THE
SALE OF THE BONDS; AND PROVIDING FOR OTHER
RELATED MATTERS.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AUTHORIZING THE ACQUISITION BY NEGOTIATION OR
CONDEMNATION OF REAL PROPERTY INTERESTS NEEDED
FOR THE 7131h 0 212th INTERSECTION IMPROVEMENTS
PROJECT.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ORDINANCE NO. 3991 AS A RESULT OF
UNANTICIPATED TRANSFERS AND EXPENDITURES OF
VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of these Ordinances will be malled upon request.
DATED this 101h day of May, 2015.
CITY CLERK, SCOTT PASSEY
�ublished: May 10, 2015. EDH63201