The URL can be used to link to this page

Home My WebLink About4885 ORDINANCE NO. 488S AN ORDINANCE of the City Council of the City of Bremerton, Washington, authorizing and providing for the acquisition of land located at Silverdale Mobile Estates; providing for condemnation, appropriation and taking of land and property rights necessary therefore; providing for the cost thereof; directing the initiation of appropriate proceedings in the manner provided by law for the condemnation; and electing not to comply with chapter 8.26 RCW in connection with the condemnation. WHEREAS, the City Council recognizes that drinking water wells are a necessary part of the City's Water Utility system; and WHEREAS, the property located at Silverdale Mobile Estates in Kitsap County, Washington surrounds a site that has been previously purchased and improved via the installation of a drilled well; and WHEREAS, the City Council has determined there is a need to acquire land for put. scs related to the operation of the well for use by the City Water Utility; and WHEREAS, the property identified by the City is currently undeveloped; and WHEREAS, to date, the City has not been able to acquire the property through negotiations with the owner of the property; and WHEREAS, the City Council finds and declares it necessary and in the best interest of the public that all interests and rights in the property be condemned, appropriated and taken for public use, subject to the making or paying of just compensation to the owners thereof in the manner provided by law; and WHEREAS, the City is authorized by RCW 35.22.280 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; and WHEREAS, the City Council desires to elect not to comply with Chapter 8.26 RCW in connection with the acquisition of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Condemnation. The rights and interests in the real property located at Silverdale Mobile Estates in Kitsap County, Washington, as legally described in Exhibit A attached hereto and made a part hereof, which is necessary for water utility purposes, 1 Condemnation is hereby condemned, appropriated and taken for public purposes, subject to the making or paying of just compensation to the owners thereof in the manner provided by law. SECTION 2. Funding. The cost and expense of acquiring all interests and fights in the property shall be paid for from the Water Utility Capitol Fund of the City, or from such other monies that the City may have available or attain for the acquisition. SECTION3. Cit~ Attorney Authorization. The City Attorney is authorized and directed to enter into any and all negotiations and stipulations necessary to acquire the property, or undertake proceedings provided by law to condemn, appropriate and take the property and carry out the provisions of this ordinance. SECTION4. Chapter 8.26 RCW. The City Council elects not to comply with the provisions of Chapter 8.26 RCW for the purpose of acquiring the property. SECTION 5. Severabilitg If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the 21 st day of January, 2004 PASSED by the City Council the 11th day of February, 2004 Approved this ~ day of ~.~.~ ~ 200~ C~~Y B ZEMAN, Mayor ATTE/~ ~j APPROVED AS TO FORM: 1/~ULA/O~I~sTo-I~ Ihterim City Clerk ~~ 2 Condemnation PUBLISHED the/~a~o day of ~-~z/_~u4~,~a~L,~ ,2004 EFFECTIVE th¢~d~day of I~[ot.z~a~ ~_ ,2004 O~CE NO. ~g&- - ~ R:~EO~d~bli~ Wo~ & Ufilifi~Silve~e Es~ Condcm~io~d~ 3 Conderana~on EXHIBIT A That portion of the northeast quarter of the southwest quarter of Section 26, Township 25 North, Range 1 East, W.M., KJtsap County Washington, more particularly described as follows: Beginning at the southeast comer of said northeast quarter of the southwest quarter; thence N 0o55'38" E along the easterly line of said subdivision 240.43 feet to the intersection with the extension of the northerly line of Tract 177, of the Silverdale Mobile Estates, also being the TRUE POINT OF BEGINNING; thence leaving said easterly line, N 89°49'51" W along said extension and northerly line of Said Tract 177, 157.59 feet to the easterly edge of asphalt for NE Saturn Lane; thence N 0o45'48" E along said easterly edge of asphalt 150.23 feet to the southwest comer of Tract 212, of said Silverdale Mobile Estates; thence leaving said easterly edge, S 89°49'51" E along the southerly line of said Tract 216 and extension thereof, 158.02 feet, to the intersection of said southerly line and the said easterly line of said subdivision; thence S 0°55'38" W along said easterly line 150.23 feet to the TRUE POINT OF BEGINNING. Except that portion described as follows: Beginning at the southeast comer of said northeast quarter of the southwest quarter; thence N 0o55'38" E along the easterly line of said subdivision 291.28 feet; thence N 89004'22" W 75.12 feet to the an existing 6 foot chain link fence and the TRUE POINT OF BEGINNING; thence along said fence, N 0055'38" E 50 feet; thence along said fence, N 89o04'22" W 50.00 feet; thence along said fence, S 0o55'38" W 50.00 feet; thence along said fence, S 89o04'22" E 50.00 feet to the TRUE POINT OF BEGINNING. AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100093097 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: February 18, 2004 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $41.53 amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of February 20, 2004 Nota~ Public in and for the State of Washington, Kitsap County. O~ANCE NO. 4885' AN ORDINANCE of the City Council of the City of Breme~on, Washington, authorizing and providing for the acquisition of land located at Silverdale Mobile Estates; providing for condemation, appropriation and ta~ng of land and pro~y rights necess~y therefore; providing for the cost thereof; directing the initiation of appropriate proceedings in the manner provided by law for the condemation; and electing not to comply wi~ chapter 8.26 RCW in connection with the condemation.- APPROVED by the City Council the 21st day of January, 2~4- PASSED by the City Council the llth day of Februa~, 2004- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth S~eet, Bremerton, WA 98337.- Febru~y 18, 2004, · ~100093097-