Ordinance 32630006.900000
WSS /ldh
June 25, 1999
ORDINANCE NO. 3263
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, PROVIDING FOR THE ACQUISITION OF
EIGHT TEMPORARY CONSTRUCTION PERMITS OR
EASEMENTS FOR THE PURPOSE OF CONSTRUCTING
IMPROVEMENTS TO A STRIP OF LAND ADJACENT TO
AND PARALLEL TO HIGHWAY 99 IN ACCORDANCE WITH
APPLICABLE CITY STANDARDS AND INTERLOCAL
AGREEMENT, ALL SAID PARCELS LYING WITHIN THE
CITY OF EDMONDS; PROVIDING FOR CONDEMNATION,
APPROPRIATION, TAKING AND DAMAGING OF THE
LAND OR OTHER PROPERTY NECESSARY THEREFORE;
PROVIDING THAT THE ENTIRE COST THEREOF SHALL BE
PAID PER INTERLOCAL AGREEMENT FROM THE
GENERAL FUND OR OTHER AVAILABLE FUNDS OF THE
CITY; AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE CITY OF LYNNWOOD IN ORDER TO
AUTHORIZE CONDEMNATION OF THESE PARCELS IN
CONJUNCTION WITH LYNNWOOD PARCELS, BY THE
CITY ATTORNEY OF LYNNWOOD TO PROSECUTE SUCH
ACT ON BEHALF OF THE CITY OF EDMONDS IN
ACCORDANCE WITH THE MANNER PROVIDED BY LAW
FOR SAID CONDEMNATION AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
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, ten remaining temporary construction permits have yet to be
acquired, eight of which concern properties within the City of Edmonds;
WHEREAS, the property owners of said properties have failed to timely respond
to repeated requests for approval of such temporary construction permits;
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WHEREAS, such temporary construction permits are essential to the prompt and
cost - effective reconstruction of Highway 99; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The public health, safety, necessity and convenience demand that eight
temporary construction permits for a strip of land ten feet wide and adjacent to Highway 99 be
acquired and that said temporary construction permits may be condemned, appropriated, taken
and damaged for the purpose of constructing said Highway 99 improvements.
Section 2. The City Council of the City of Edmonds, after hearing the report of
the City staff and reviewing the report of the City of Lynnwood's project engineer and
construction manager, and pursuant to an interlocal agreement, having reviewed said plan
improvements, and hereby declares that the acquisition of the eight temporary construction
permits or easements described on attached Exhibit A is necessary for public use.
Section 3. A temporary construction permit or easement interest in the properties
described within the City of Edmonds, Snohomish County, Washington, which are described on
Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full, shall
be, and the same hereby are, condemned, appropriated, taken and damaged for the purpose of
providing temporary construction access during the improvement of Highway 99 pursuant to
interlocal agreement and City standards, all said improvements lying within the city limits of the
City of Edmonds, said property being taken, damaged and appropriated subject to the making or
paying of just compensation to the owners thereof in the manner provided by law.
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
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authorizing the City of Lynnwood through its City Attorney to undertake any and all necessary
legal action proceedings necessary to and in the manner provided by law, including but not
limited to condemnation, to acquire temporary construction permits or easements to the
properties described in the attached Exhibit A. Pursuant to said interlocal agreement, the City of
Lynnwood and its City Attorney are further authorized to adjust the location and/or width of any
property herein described in order to minimize damages, provided that such adjustments to not
interfere with the public use of said property and the ultimate goal of improvement of Highway
99 as provided in this ordinance and pursuant to the prior adopted interlocal agreement.
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 the City and from such other funds as the City Council shall deem appropriate.
Section 6. Effective Date. This ordinance, being an exercise of a power specifi-
cally 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.
APPROVED:
BARBAICA S. FAHEY-
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF T Y A Y:
BY
W. Scott Snyder
FILED WITH THE CITY CLERK: 06/25/99
PASSED BY THE CITY COUNCIL: 06/29/99
PUBLISHED: 07/06/99
EFFECTIVE DATE: 07/11/99
ORDINANCE NO. 3263
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EXHIBIT A
Temporary construction easements, for a term of one year, ten (10) feet in width adjacent to and
parallel with SR 99, across the following described parcels (the legal descriptions of which may
be substituted by the Administration):
1. 21904 HWY 99, a Mr. Ken Woo (Edmonds Pet and Feed).
Tax Parcel ID #: 5807- 000 - 040 -06 -00
2. 22304 HWY 99, a Mr. Tom Foulds (being leased by the Frontline Auto
dealers). Tax Parcel ID #: 2927 - 043 - 065 -00
3. 22800 76th Ave. W., a Mr. and Mrs. Michlitch (Monogram Custom
Cabinets). Tax Parcel ID #: 5767- 000 - 001 -02
4. 23125 HWY 99, a Mr. Archie Butler (Viking Auto Service).
Tax Parcel ID #: 5807- 000 - 031 -01
5. 23303 HWY 99, a Dr. Virgil Anderson (99 Edmonds Center).
Tax Parcel ID #: 5807- 000 - 007 -05
6. 8025 234th St. SW Morton Enterprises (Alpenhaus Apartments).
Tax Parcel ID #: 5767- 000 - 021 -03
7. 24001 HWY 99, a Mr. Robert Siew, (Eastern Investment Corp.) -NW
corner of the Burlington Coat Factory site.
Tax Parcel ID #: 4931 - 000 - 001 -06
8. 23303 HWY 99, a Dr. Virgil Anderson (99 Edmonds Center)
Tax Parcel ID #s: 5767- 000 - 020- 01 -07, 5767- 000 - 020 -05 -03
I yn \1 xv \99 \cond I ist.002
After Recording Return To:
City of Lynnwood
P.O. Box 5008
Lynnwood, WA 98046 -5008
SR 99 ILA Amendments
AGREEMENT FOR JOINT CONSTRUCTION OF IMPROVEMENTS OF
SR 99 FROM 244TH STREET S.W. TO 148TH ST S.W.
CITY OF LYNNWOOD
CITY OF EDMONDS
Grantor: Cities of Lynnwood and Edmonds
Grantee: The Public
Tax Account No.: Not applicable
Legal Description: Not applicable
This Agreement is made and executed this. /014 day of U44-� , 1999, by and
between the Cities of Lynnwood and Edmonds hereinafter referred to as "the Parties."
WHEREAS, on the 9th day of August, 1990, the Parties signed an Interlocal Agreement
for the design and construction of improvements to the SR 99 corridor from 244th Street S.W. to
148th Street S.W. in Snohomish County, and
WHEREAS, the parties desire by this Agreement to provide that the City of Lynnwood
as lead agency is authorized to take necessary steps, including condemnation, to acquire
temporary construction permits or easements (herein "TCP" or "TCPs ") within the City of
Edmonds, which TCPs are necessary for the construction of the SR 99 project improvements,
NOW, THEREFORE, and in consideration of the promises and mutual covenants
contained in the Parties' interlocal agreement and in this Agreement, it is mutually agreed as
follows:
EXHIBIT B
Agreement - SR 99 from 224th St SW to 148th St SW
Page 1 of 3
1. The City of Lynnwood as lead agency is authorized to take any actions and
proceedings necessary and in the manner provided by law, including but not limited to
condemnation, to acquire temporary construction permits or easements (herein "TCP" or
"TCPs "), as described in Exhibit A attached hereto and incorporated by reference, within the
City of Edmonds, which TCPs are necessary for the construction of the SR 99 project
improvements.
2. All provisions of the Parties' Interlocal Agreement of August 9, 1990 and any
amendments thereto not modified by this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS
AGREEMENT AS OF THIS DAY AND YEAR FIRST ABOVE WRITTEN.
LYNN-WOOD
By:
Tina Roberts
Mayor
Attest:
By:J
Michael Bailey
Finance Director
Approved as to Form:
By:
John P. Watts
Lynnwood City Attorney
EDMONDS
By:
Barbara Fahey
Mayor
Attest:
By: &44.e/
andy Ch se
City Clerk
Amendment No. 1 to Agreement for Joint Construction
of Improvements of SR 99 from 224th St SW to 148th St SW
Approved as to Form-
By: 5!5e
Scott Snyder
City Attorney
Page 2 of 3
.EXHIBIT A
Temporary construction easements, for a term of one year, ten (10) feet in width adjacent to and
parallel with SR 99, across the following described parcels (the legal descriptions of which may
be substituted by the Administration):
1. 21904 HWY 99, a Mr. Ken Woo (Edmonds Pet and Feed).
Tax Parcel ID #: 5807- 000 - 040 -06 -00
2. 22304 HWY 99, a Mr. Tom Foulds (being leased by the Frontline Auto
dealers). Tax Parcel ID #: 2927- 043 - 065 -00
3. 22800 76th Ave. W., a Mr. and Mrs. Michlitch (Monogram Custom
Cabinets). Tax Parcel ID #: 5767- 000 - 001 -02
4. 23125 HWY 99, a Mr. Archie Butler (Viking Auto Service).
Tax Parcel ID #: 5807- 000 - 031 -01
5. 23303 HWY 99, a Dr. Virgil Anderson (99 Edmonds Center).
Tax Parcel ID #: 5807- 000 - 007 -05
6. 8025 234th St. SW Morton Enterprises (Alpeiillaus Apartments).
Tax Parcel ID #: 5767- 000 - 021 -03
7. -24001 HWY 99, a Mr. Robert Siew, (Eastern Investment Corp.) -NW
comer of the Burlington Coat Factory site.
Tax Parcel ID #: 4931- 000 - 001 -06
8. 23303 HWY 99, a Dr. Virgil Anderson (99 Edmonds Center)
. Tax Parcel ID #s: 5767- 000 - 020- 01 -07, 5767 -000- 020 -05 -03
Iyn \1w\99 \cund I ist.002
SUMMARY OF ORDINANCE NO. 3263
of the City of Edmonds, Washington
On the 29th day of June, 1999, the City Council of the City of Edmonds, passed
Ordinance No. 3263. 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
EIGHT TEMPORARY CONSTRUCTION PERMITS OR
EASEMENTS FOR THE PURPOSE OF CONSTRUCTING
IMPROVEMENTS TO A STRIP OF LAND ADJACENT TO
AND PARALLEL TO HIGHWAY 99 IN ACCORDANCE WITH
APPLICABLE CITY STANDARDS AND INTERLOCAL
AGREEMENT, ALL SAID PARCELS LYING WITHIN THE
CITY OF EDMONDS; PROVIDING FOR CONDEMNATION,
APPROPRIATION, TAKING AND DAMAGING OF THE
LAND OR OTHER PROPERTY NECESSARY THEREFORE;
PROVIDING THAT THE ENTIRE COST THEREOF SHALL BE
PAID PER INTERLOCAL AGREEMENT FROM THE
GENERAL FUND OR OTHER AVAILABLE FUNDS OF THE
CITY; AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE CITY OF LYNNWOOD IN ORDER TO
AUTHORIZE CONDEMNATION OF THESE PARCELS IN
CONJUNCTION WITH LYNNWOOD PARCELS, BY THE
CITY ATTORNEY OF LYNNWOOD TO PROSECUTE SUCH
ACT ON BEHALF OF THE CITY OF EDMONDS IN
ACCORDANCE WITH THE MANNER PROVIDED BY LAW
FOR SAID CONDEMNATION AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 30th day of June, 1999.
CITY CLERK, SANDRA S. CHASE
{ WSS403050.DOC;1 /00006.900000/}
Affidavit of Publication
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOD&ISH,
U MARY O -�
AN
tine ity o dmonds,
Washin On the 29th day of June, 1999,
The undersigned, being first duly sworn on oath deposes and says
f the City Council of the City of
Edmonds, passed Ordinance No.
3263. A summary of the content
that she is Principal Clerk of THE HERALD, a daily newspaper
of said ordinance, consisting of .i
the title, provides as follows:
printed and published in the City of • Everett, County of Snohomish,
AN ORDINANCE OF THE CITY
OF EDMONDS, WASHINGTON,
PROVIDING FOR THE ACQUI-
and State of Washington; that said newspaper is a newspaper of
j OF EIGHT TEMPO-
RARY
RARY OF PER-
general circulation in said County and State; that said newspaper
g p
H
TE PUEM
i FS N
PURPOSE O CO
has been approved as a legal newspaper by order of the Superior
STRUCTING IMPROVEMENTS
To of LAND ADO
CENT T To TO AND T
ND PARALLEL TO
Court of Snohomish County and that the notice ........ ...............................
"
HIGHWAY 99 IN ACCOR-
DANCE WITH APPLICABLE
CITY STANDARDS AND IN-
TERLOCAL AGREEMENT, ALL
S.umm r. y. .... o. f... Or. dinance .... No......3.2.63 ............. ...................
SAID PARCELS LYING WITHIN
THE CITY OF EDMONDS,
PROVIDING FOR CONDEM.
NATION, APPROPRIATION,
TAKINGAND DAMAGING OF
.................................................................................................. ...............................
THE LAND OR OTHER PROP -
ERTY NECESSARY THERE.
FORE; PROVIDING THAT THE
ENTIRECOST THEREOF
................................ ...............................
SHALL BE PAID PER INTER-
LOCAL AGREEMENT FROM
dTHE
a printed copy of which is hereunto attached, was published in said
GENERAL FUND OR
THE OTHER AVAILABLE FUNDS OF
AN
newspaper proper and not in supplement form, in the regular and
news a p pp g
INTERLOCAL AGREEMENT
WITH THE CITY OF LYNN.
entire edition of said paper on the following days and times, namely:
WOOD IN ORDER TO
AUTHORIZE CONDEMNATION
OF THESE PARCELS IN CON.
PARCELS, WITH NWCITY
THE
ATTORNEYOF LYNNWOOD
Z ul- y---- 6 ....... 1. 9- 9. 9 ............................................... ...............................................
TO PROSECUTE SUCH ACT
ON BEHALF OF THE CITY OF
EDMONDS IN ACCORDANCE
WITH THE VI
°.. ....
ED BY LAW FOR SAID
CONDEMNATION AND FIXING
A TIME WHEN
and that said newspaper Was regularly distributed to its subscribers
THE SAME
SHALL ulE
of hid anThe full this Orce
during all of said period.
,Will be mailed upon request.
' DATED this 30th day of June, '
1999.
�Cit Clerk, SANDRA S. CHASE
Pubs ed: Jul 6, 1999.
"" "' ° - --..... ............. ........ ....................... °--••--.
- ---- ,'
Principal Clerk
Subscribed and sworn to before me this...... 5th............
aof-- - - - -.. `7 ..... X ..... .................Z ...........
............................. ................... . ..... ....... .................... .. .................
Notary Public in and for tte o Washington,
residing atEverett, Snh0 , ty.
NOTARY �9N;
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