Ordinance 3924ORDINANCE NO.3924
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AUTHORIZING THE ACQUISITION BY
NEGOTIATION OR CONDEMNATION OF REAL
PROPERTY INTERESTS NEEDED FOR THE 228' ST. SW
CORRIDOR IMPROVEMENTS PROJECT.
WHEREAS, the City of Edmonds (the "City") is working to plan, design and construct the
228th St. SW Corridor Improvements project, which consists of creating a new construct the
missing link of roadway on 228th St. SW from Hwy. 99 to 76th Ave. W and install two new
signals. The project also includes the overlay on 228th St. SW from 76th Ave. W to the south
entrance of the Andorra Estates and from 80th Ave. W to 78`h Ave. W. (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 Hwy. 99, and 220' St.
SW., and 701' Ave. W.: 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 Hwy. 99, 228th St. SW, and 76th 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;
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 22e SG SW Corridor 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 Surface Transportation Program (STP) 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 and Right of Way plans
(pages RW05, RW06, and RW08). 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:
Idc,4� rd, e4,4�
CITY CLERK, SANDRA S. CHASE
MAYOR DAVID O. EARLING
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEF Y B. TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.3924
05-31-2013
06-04-2013
06-09-2013
06-14-2013
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SUMMARY OF ORDINANCE NO.3924
of the City of Edmonds, Washington
On the 41h day of June, 2013, the City Council of the City of Edmonds, passed
Ordinance No. 3924. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE
ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY
INTERESTS NEEDED FOR THE 228`h ST. SW CORRIDOR IMPROVEMENTS PROJECT.
The full text of this Ordinance will be mailed upon request.
DATED this 51h day of June, 2013.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON, }
COUNTY OF SNOHOMISH
SIJMMARY__OFORDINA NO,V4
of IN Clty 01 EEdnrond8, W tPn
On the 4th clay of June, 2013. the City Cogncll 01 the City 01
Edmwds, passed Otdnaoce No. 3924, A aummary of the content
0I aald ar8inanco, consgeUtrg 0 tha 4VSIa, pra�i 0 as A-9H'N:
ASP Id o d NC>~ OF T68 i; OF 9AMONDS, WASH�NGTQN,
ALtTHORIZPW THE ACOIJISiTION 8Y NEGOTIATION Ori
CONDEHINATION OF REAL PROPERTY INTERESTS NEEDED
FOR THE 228TH STREET SW CORRIDOR IMPRQVEMENTS
PROJECT.
The full text of this Ordinance will be mailed upon request.
DATED this 51h day of June, 2013.
CITY CLERIr, SANDRA S. CHASE
Published: June 9, 2013.
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
Summary of Ordinance No. 3924
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:
June 09, 2013
and that said newspaper was regularlydistributedto its subscribers during all of said period.
Subscribed and sworn to before me this
day of June, 2013
Notary Public in and for the State of Washington,
County.
Account Name: City of Edmonds^ Account Number: 101416
10th
to PUBLIC
.,
`�,`t, 2-17-2016