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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 - 1 - 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 -2- 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 -1- a 1a Yu 2a I j ,Lr,GEND /.9rylVSt� �h 1My LOPiAlifOC}lall CAM CAMMIF . - k7C50fia N�I[�-KG-7AY I • ° - UUM10 IRE}ClPEnTY UM id r LY6ibit 1 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 0.91 AC (-30,629 SF) LANDSCAPE EASEMENT AREA 144 SF v,cnn, was new OV1V 1,360 SF LEASEMENT (TCE) AREA AREA: 1,753 SF 1,388 SF !♦,tl�P♦}i 14r'T�r r.M..� 1♦11����1� 1_ I• ':Y P. \CC�.00000NO3\0l00Ch0\T1"\0i EM Ili R014 11T,L11a ud UA - ROW Ei1, Itad.0 _.!� - 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 Exhibit 2 f Fyw� r i` Pr' Y«� t«M «i«s i♦► Oi .`i ««t :` 0 10 20 ,0 L%iEGGEND "PMI•�f� 1 A0QUOTION AAREA TEMPORARY CONSTRUCRON .... LkSEUENT AREA y �..(]pStWO: NKiIi-4F—Ypp A_ 37ViWO PROPERTY kw li ^';j I1 212TH ST SW AREA: 10 SF AREA: 1,349 SF Jf AREA: 1,133 SF I I PARCEL NUMBER 00467400000100 PROPERTY OWNER CALVARY CHAPEL OF EDMONDS PARCEL ' kREA 1.02 AC (- 44.431 SF) ROW ACQUISITION AREA 1,143 SF PARCEL' fMEA REMAINING 0.99 AC (-43,288 SF) TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1,349 SF 5.0' ee �I 11;\c\00W06000093\�A6CJ<DT171 1411f^,R" EwtiFdltro 1" Comm RauRd&mt ROW Dh@Its.dwg CITY OF EDMONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-2512(007) t 1894 DRAWN BY: K. POTUZAK DATE: 3/07/2013 SCALE: AS NOTED SHT: 1 OF 1 -exhibit 3 .' 'el a I rP. r ��.• I il. j X1v jy it I y. i I f � �'•t --X, 1 � if .��•, .T. 1�4..,,• ,t _ _ -._ [ . { .1 - �) __ .�+- '.�_ t ��t1 II �. III •4 �_ 1 - II _ • p� III �� 'SSA. a ,? ' '/�}' - ti. I 1 �• °Ar . � r 1 q) AREA: 33 S *` r I 0 STORM PIPE INSTALLATION '� •1+' FOR PRIVATE DRAIN RECONNECTION l I: AREA- 28,1 •I SIF 1f AREA: 19t SF rtit+f r fr i PARCEL NUMBER 00613400000600 PROPERTY OWNER ERIC D. ANDERSEN PARCEL AREA 0.30 AC (- 13,060 SF) ROW ACQUISITION I AREA 33 SF PARCEL AREA REMAINING 0.30 AC (-13,035 SF) TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1B1 SF 1y.p a I 1 10 40 ACW4lA0t1 nUn. j -- K'Sixw.�G4E IDIT AMA !t + M. PI..TY 1111E Q"�e�Ci7ED a0.y�04nGCh6rTI�0111Q\-, l@Its\40W Ekhlbltr\nvn 6E n"'"d6wt ROW EriibltmA g � `I U Il Y OF E®Il/l ONDS ENGINEERING DIVISION FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT f RIGNT-OF-WAY EXHIBIT FEDERAL AID NO. CM-25'12(007) +rsl, t sn DRAWN BY: K. POTUZAI( DATE: 1211112012 SCALE: AS N01'ED SHT: 'I OF 1 a Io is In LEGEND IRCIIT—Ur—WAY ACMMSMI AREA, ®TBWORARY CQISFRUCnO1 EAS0101T AREA ENST9m InEw—OF—WAY Dusum e'RopEnTY LvE I' 5, 0' PARCEL NUMBER 00373600501902 PROPERTY OWNER DEVELOPMENT SERVICES OF AMERICA PARCEL AREA 1.67 AC (— 72,745 SF) ROW ACQUISITION AREA 440 SF PARCEL AREA REMAINING 1.66 AC (M72,297 SF) LANDSCAPE EASEMENT 16 SF TEMPORARY CONSTRUCTION EASEMENT (TCE) AREA 1,104 SF AREA: 440 SF AREA: 16 SF 1,104 SF —� 1 �`�'+"� -{ • � , I ,.. � I � �.�;'�. ate. '�>I, p _ � d , G 1 •Lf � � - _ ,1, ,.• ....may 212TF1 ST aw r— — r :j Gcn�oaRo�TOSyC � �7l'�41.'C E:i I i� i �1fiw� Camara Rnlendn6ovl — ROYI 14r.� �� _ II b CITY OF EDMONDS ENGINEERING DIVISION T FIVE CORNERS ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT _ RIGHT-OF-WAY EXHIBIT FEDERAL AID NO. CM-25.12(007) 1:"sl: ii5s DRAWN BY: K. i'OTUZAIc DATE: •1211'1/2012 SCALE: AS NOTED � SHT: 'I OF 1 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