CITY OF MOUNTLAKE TERRACE ORDINANCE NO.

Transcription

1 CITY OF MOUNTLAKE TERRACE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON, AUTHORIZING THE ACQUISITION OF REAL PROPERTY UNDER THREAT OF CONDEMNATION OR BY CONDEMNATION FOR THE PURPOSE OF CONSTRUCTING ROADWAY IMPROVEMENTS; AUTHORIZING PAYMENT THEREOF FROM THE CITY S GENERAL FUND OR FROM SUCH OTHER MONIES THAT THE CITY MAY HAVE AVAILABLE OR ATTAIN FOR THE ACQUISITION; PROVIDING FOR SEVERABILITY; DECLARING A STATEMENT OF URGENCY AND EMERGENCY, AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Mountlake Terrace desires to construct a roadway project identified as Main Street Revitalization Project Phase I 236 th Street SW from just east of 56 th Avenue W, Mountlake Terrace to the Transit Center, on 56 th Avenue W from 234 th Street SW to 238 th Street SW ( Project ), which complies with goals announced in the City s Comprehensive Plan; and WHEREAS, the Project involves pedestrian and traffic safety improvements; and from the real property, located at th Avenue West, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 1A, 1B, 1C, and 1D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at Unknown Address, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 2A, and 2B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 3A, and 3B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and

2 Condemnation for Main Street Revitalization Phase I Right-of-Way Ordinance Page 2 of 8 depicted in Exhibit 4A, and 4B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Place West, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 5A, and 5B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 6A, 6B, and 6C attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 7A, 7B, 7C, and 7D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 8A, and 8B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Avenue W, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 9A, 9B, 9C, and 9D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 10A, 10B, and 10C attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 11A, 11B, 11C, and 11D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and

3 Condemnation for Main Street Revitalization Phase I Right-of-Way Ordinance Page 3 of 8 from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 12A, 12B, 12C, and 12D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 13A, and 13B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 14A, 14B, 14C, and 14D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Avenue W, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 15A, 15B, and 15C attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 16A, 16B, and 16C attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 17A, 17B, and 17C attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 18A, 18B, and 18C attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 19A, 19B, and 19C attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and

4 Condemnation for Main Street Revitalization Phase I Right-of-Way Ordinance Page 4 of 8 from the real property, located at th Avenue W, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 20A, and 20B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 21A, 21B, 21C, and 21D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 22A, 22B, 22C, and 22D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 23A, 23B, 23C, and 23D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Avenue W, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 24A, 24B, 24C, and 24D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA , identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 25A attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 26A, 26B, and 26C attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 27A, 27B, and 27C attached hereto and incorporated by reference ( Parcel

5 Condemnation for Main Street Revitalization Phase I Right-of-Way Ordinance Page 5 of ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 28A, 28B, 28C, and 28D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 29A, 29B, 29C, and 29D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Street SW, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 30A, 30B, 30C, and 30D attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Avenue W, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 31A, and 31B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Avenue W, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 32A attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and from the real property, located at th Avenue W, Mountlake Terrace, WA 98043, identified as Snohomish County Tax Parcel No and legally described and depicted in Exhibit 33A, and 33B attached hereto and incorporated by reference ( Parcel ) is necessary to accomplish and construct the Project; and WHEREAS, the City has complied with the notice requirements set forth in RCW by providing notice at least fifteen days prior to this action through regular and certified US postal mail to the owners of Parcels , , , , , , , , , , , , , , , , , , , , , , , , , , ,

6 Condemnation for Main Street Revitalization Phase I Right-of-Way Ordinance Page 6 of , , , , , and of the planned final action of adopting this Ordinance, and through publication once per week for two weeks, prior to enactment of this Ordinance; and WHEREAS, payment of just compensation and costs of litigation should be made from the City's general fund or from such other monies that the City may have available or attain for the acquisition. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON DOES ORDAIN as follows: Section 1. Incorporation of Recitals. The recitals set forth above are hereby adopted and incorporated herein as if set forth in full. Section 2. Public Use and Necessity Declared. The City Council of the City of Mountlake Terrace finds and declares that: i) the construction of the Project improvements for roadway and traffic safety is a public use; ii) the acquisition of the rights and interests in the real property legally described and depicted in Exhibits 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 6C, 7A, 7B, 7C, 7D, 8A, 8B, 9A, 9B, 9C, 9D, 10A, 10B, 10C, 11A, 11B, 11C, 11D, 12A, 12B, 12C, 12D, 13A, 13B, 14A, 14B, 14C, 14D, 15A, 15B, 15C, 16A, 16B, 16C, 17A, 17B, 17C, 18A, 18B, 18C, 19A, 19B, 19C, 20A, 20B, 21A, 21B, 21C, 21D, 22A, 22B, 22C, 22D, 23A, 23B, 23C, 23D, 24A, 24B, 24C, 24D, 25A, 26A, 26B, 26C, 27A, 27B, 27C, 28A, 28B, 28C, 28D, 29A, 29B, 29C, 29D, 30A, 30B, 30C, 30D, 31A, 31B, 32A, 33A, and 33B (collectively, the Real Property Take ) are necessary for the construction of the Project; and iii) the construction of the Project is in the best interests of the citizens, motorists and pedestrians within the City of Mountlake Terrace. Section 3. Acquisition. The City Council of the City of Mountlake Terrace authorizes the acquisition, condemnation and taking of the Real Property Take as legally described and depicted in Exhibits 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 6C, 7A, 7B, 7C, 7D, 8A, 8B, 9A, 9B, 9C, 9D, 10A, 10B, 10C, 11A, 11B, 11C, 11D, 12A, 12B, 12C, 12D, 13A, 13B, 14A, 14B, 14C, 14D, 15A, 15B, 15C, 16A, 16B, 16C, 17A, 17B, 17C, 18A, 18B, 18C, 19A, 19B, 19C, 20A, 20B, 21A, 21B, 21C, 21D, 22A, 22B, 22C, 22D, 23A, 23B, 23C, 23D, 24A, 24B, 24C, 24D, 25A, 26A, 26B, 26C, 27A, 27B, 27C, 28A, 28B, 28C, 28D, 29A, 29B, 29C, 29D, 30A, 30B, 30C, 30D, 31A, 31B, 32A, 33A, and 33B. The City Council authorizes the acquisition of the Real Property Take under threat of condemnation or by initiation of legal action for condemnation to acquire the Real Property Take as necessary for the commencement and completion of the Project, subject to the making or paying of just compensation to the owners thereof in the manner provided by law. Section 4. Reservation of Rights. Nothing in this ordinance limits the City in its identification and acquisition of property and property rights necessary for this public purpose. The City reserves the right to acquire additional or different properties as needed for the Project.

7 Condemnation for Main Street Revitalization Phase I Right-of-Way Ordinance Page 7 of 8 Section 5. Authorization of City Manager to Negotiate Acquisition. The City Manager, by and through his designees, is authorized and directed to begin and prosecute actions and proceedings in the manner provided by law to condemn, take, damage and appropriate the Real Property Take necessary to carry out the provisions of this ordinance. In conducting said condemnation proceedings, the Mountlake Terrace City Attorney, by and through his designees, is hereby authorized to enter into stipulations for the Real Property Take. Such settlements shall be made only upon the recommendation of legal counsel and for amounts deemed to be reasonable estimation of fair market value. Section 6. Authorization of City Manager to Negotiate Acquisition. The City Manager is hereby authorized to settle condemnation litigation or enter into settlements as necessary for the acquisition of the Real Property Take legally described and depicted in Exhibits 1A, 1B, 1C, 1D, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 6C, 7A, 7B, 7C, 7D, 8A, 8B, 9A, 9B, 9C, 9D, 10A, 10B, 10C, 11A, 11B, 11C, 11D, 12A, 12B, 12C, 12D, 13A, 13B, 14A, 14B, 14C, 14D, 15A, 15B, 15C, 16A, 16B, 16C, 17A, 17B, 17C, 18A, 18B, 18C, 19A, 19B, 19C, 20A, 20B, 21A, 21B, 21C, 21D, 22A, 22B, 22C, 22D, 23A, 23B, 23C, 23D, 24A, 24B, 24C, 24D, 25A, 26A, 26B, 26C, 27A, 27B, 27C, 28A, 28B, 28C, 28D, 29A, 29B, 29C, 29D, 30A, 30B, 30C, 30D, 31A, 31B, 32A, 33A, and 33B. Such settlements shall be made only upon the recommendation of legal counsel and for amounts deemed to be a reasonable estimation of fair market value. Section 7. Compensation. The compensation to be paid to the owners of the Real Property Take acquired through this condemnation action shall be paid from the City's General Fund or from such other monies that the City may have available or attain for the acquisition. Section 8. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance of the application of the provision to other persons or circumstance shall not be affected. Section 9. Statement of Urgency & Emergency. Pursuant to RCW 35A (2), this ordinance is not subject to initiative and referendum as it is necessary for immediate preservation of public peace, health and safety, and for the support of city government and its existing public institutions. The City Council hereby finds that it has received Legislative Appropriations in the amount of $3,300,000 and federal discretionary grant funding in the amount of $5,704,334 for the Project. The City's ability to obligate and secure such federal funding for the Project is threatened by delay, and all due haste is necessary to ensure proper certification of the right-ofway by the Washington State Department of Transportation. Therefore, the City Council adopts this statement of urgency and emergency relating to the effective date of this ordinance, and finds and determines that the thirty (30) day period RCW 35A shall not apply to this ordinance. The City Council acknowledges that this statement of urgency requires a unanimous vote of the council and upon adoption of said unanimous vote shall become effective immediately. Section 10. Emergency; Effective Date. This Ordinance, as stated in Section 9 Statement of Urgency/Emergency above, is a public emergency ordinance necessary for the protection of the public health, public safety, public property, or public peace, shall take effect

8 Condemnation for Main Street Revitalization Phase I Right-of-Way Ordinance Page 8 of 8 and be in full force immediately upon its adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn.App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the recitals and in Section 9 set forth above, which are adopted by reference. PASSED by the City Council of the City of Mountlake Terrace this 20 th day of March, 2017, and signed in authentication of its passage this 20 th day of March, Mayor Jerry E. Smith ATTEST: City Clerk APPROVED AS TO FORM: Gregory G. Schrag, City Attorney