006-12 - Ordinance - Declaring as Public Use and Condemnation 321 Tremont StreetRequested by:
Drafted by:
Introduced by:
Public Hearing:
Adopted:
ORDINANCE NO. oo6-12
City Attorney
City Attorney
City Attorney
March 27, 2012
March 27, 2012
AN ORDINANCE DECLARING AS PUBLIC USE AND NECESSITY
THE DESIGN AND CONSTRUCTION OF CERTAIN ROADWAY
IMPROVEMENTS ON TREMONT STREET AND AUTHORIZING
THE CONDEMNATION OF LAND IN AND THROUGH CERTAIN
REAL PROPERTY LOCATED AT 321 TREMONT STREET, PORT
ORCHARD WASHINGTON
Assessor's Tax Parcel Number: 342401-4-016-2001
WHEREAS, the City Council has previously approved the "Tremont Street
Widening Project ("Project") by taking certain steps, including: approving a contract in
August 2005 with Berger/ABAM Engineers to prepare the design documents for the
Project; approving a contract in November 2007 with Universal Field Services to serve as
the City's right of way agent; approving the re -designed roundabouts in July 2008;
obligating money for right of way acquisition in August 20og and November 2010; and
WHEREAS, the Project consists of the following components: widening the existing
Tremont Street to provide four continuous through lanes between Port Orchard Boulevard
and State Route 16; replacing two signalized intersections at South Kitsap Boulevard and at
Pottery Avenue with roundabouts; installing curb, gutter and sidewalks along both sides of
the road; and constructing storm drainage facilities, retaining walls, a landscaped median,
and bike paths; and
WHEREAS, the Project is included in the City's Transportation Improvement
Program ("Program"); and
WHEREAS, consistent with the Program, the City has secured funding for the
right-of-way acquisition phase of the Project; and
WHEREAS, completion of the Project will positively address important public
safety and transportation issues of alleviation of traffic congestion and improvement of
traffic flow in the City; and
Ordinance No. oo6-12
Page 2 of 8
WHEREAS, prior to commencement of construction, the City must acquire all
right-of-way interest and construction easements necessary for construction of the Project,
and must justly compensate affected property owners for the property rights and interests
acquired; and
WHEREAS, the City, with the assistance of its acquisition agent, Universal Field
Services, has diligently worked to acquire by negotiation all property interests necessary for
the Project, has successfully negotiated with a number of property owners, and has
otherwise notified all property owners of the Project and the reason for the City's
acquisition efforts; and
WHEREAS, there exists in the City of Port Orchard a portion of Kitsap County
Assessor's Parcel Number 342401-4-016-2001, as legally described in Exhibits A and B of
this Ordinance (the "Right -of -Way Property"), that the City does not currently own but
which is necessary for the Project; and
WHEREAS, the City Council finds that the Right -of -Way Property is critical to the
Project and that it is in the public interest to acquire the Right -of -Way Property for public
health, safety, welfare and transportation needs; and
WHEREAS, Lary and Dee Coppola are the owners of Kitsap County Assessor's
Parcel Number 342401-4-016-2001, commonly referred to as 321 Tremont Street, and
although they have entered into a Voluntary Possession and Use Agreement with the City,
the Coppolas and the City have not been able to agree on the final total just compensation to
be paid for the Right -of -Way Property; and
WHEREAS, Lary Coppola served as Mayor of the City of Port Orchard from
January 1, 20o8 through December 31, 2011 and the City Council wishes to ensure that final
total just compensation paid to a former elected officials is done in an open and transparent
manner to ensure public trust in the process and the Project; and
WHEREAS, the City Council believes that condemnation proceedings pursuant to
Chapter 8.12 RCW will provide a full and public process to ensure that public funds are
spent appropriately and that the owners of the Right -of -Way Property are compensated in
accordance with the requirements of law; and
WHEREAS, the City has provided notice of this planned final action as provided in
RCW 8.12.005 and RCW 8.25.290; and
Ordinance No. 006-12
Pajze � of 8
WHEREAS, based on the foregoing, the City Council finds that the only alternative
available for acquisition of the Right -of -Way Property may be by eminent domain and that
it is in the public interest to condemn the property described in Exhibits A and B for the
purposes of constructing said improvements to Tremont Street and incidental
improvements thereto; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
DO ORDAIN AS FOLLOWS:
SECTION :t. Each and every of the recitals above are hereby adopted as findings of
fact and incorporated herein by reference supporting the action taken in this ordinance.
SECTION 2. Based on the findings set forth above, the Port Orchard City Council
declares the Tremont Street Widening Project is of public use, and is necessary and in the
best interests of the citizens of Port Orchard. The Project will be owned by the City of Port
Orchard and open to the public. The Project will alleviate traffic congestion, improve traffic
flow within the City, and improve the overall safety of Tremont Street for the use of the
public.
SECTION R. To accomplish construction of the Tremont Street Widening Project it
is necessary to obtain fee title to a portion of Kitsap County Assessor's Parcel Number
342401-4-016-2001 and to secure a slope easement (the Right -of -Way Property), as legally
described and depicted in Exhibits A and B, which are attached hereto and incorporated by
reference. The City Council finds and declares that the acquisition of the Right -of -Way
Property described in Exhibits A and B is necessary to construct the Tremont Street
Widening Project, which is a public use as set forth in Section 2 above.
SECTION 4. Pursuant to RCW 8.12.040, the Right -of -Way Property described in
Exhibits A and B is hereby condemned and taken for the purposes described above, only
after just compensation having been first made or paid into the court for the owner thereof
and in accordance with the requirements of due process and state law.
SECTION ti. Compensation for the Right -of -Way Property condemned shall be
made from the General Fund made available for that purpose, and such other funds of the
City of Port Orchard as may be permitted by law.
SECTION 6. The City Attorney, and or his designee, is hereby authorized and
directed to immediately initiate condemnation proceedings for the above -described Right -
of -Way Property in the Superior Court of the State of Washington for Kitsap County.
Ordinance No. oo6-12
Page 4 of 8
SECTION 7. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published
in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor
Pro Tern and attested by the Clerk in authentication of such passage this 27th day of March
APPROVED AS TO FORM:
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Grego acoby, i A��or ey
>ORT p9.
"�'RPOq.0
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�NSEA
Sponsored By:
Robert Putaansuu, Councilmember
Ordinance No. oo6-12
TREMONT STREET WIDENING
PARCEL NO. 1-012
TAX PARCEL 34240140162001
KITSAP COUNTY 87GMIT"A'
RIGHT-OF-WAY ACQUISITION
RIGHT-OF-WAY ACQUISITION DESCRIPTION:
THAT PORTION OF TRACT "X" LYING NORTHERLY OF TREMONT STREET, LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH, RANGE
1 EAST, WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30.00 FEET LEFT OF STATION 82+95.95 WHEN MEASURED AT RIGHT
ANGLES FROM THE TREMONT STREET RIGHT-OF-WAY REFERENCE LINE KNOWN AS THE RwT-
LiNE, SAID POINT BEING THE SOUTHEAST CORNER OF SAID TRACT "X", AND THE TRUE POINT OF
BEGINNING;
THENCE NORTH 89042'07" WEST A DISTANCE OF 213.11 FEET ALONG THE SOUTH BOUNDARY LINE
OF SAID TRACT "X", TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS
OF 746.20 FEET AND WHOSE CENTER BEARS SOUTH 0(rI T53" WEST; THENCE SOUTHWESTERLY
ALONG SAID CURVE A DISTANCE OF 155.25 FEET THROUGH A CENTRAL, ANGLE OF 11 °55' 15", TO
THE SOUTHWEST CORNER OF SAID TRACT "A" LOCATED 30.00 FEET LEFT OF STATION 79+33.84
WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH W50'W' EAST A
DISTANCE OF 16.82 FEET ALONG THE EAST BOUNDARY LINE, TO AN ANGLE POINT ALONG THE
EAST BOUNDARY LINE LOCATED 46.43 FEET LEFT OF STATION 79+37.25 WHEN MEASURED AT
RIGHT ANGLES FROM THE RWT-LINE; THENCE NORTH • 43°50'40" EAST A DISTANCE OF 26.20 FEET
ALONG THE EASTERLY BOUNDARY LINE, TO THE BEGINNING OF A NON -TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 2058.50 FEET AND WHOSE CENTER BEARS SOUTH 16°43'31" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 108:98 FEET THROUGH A
CENTRAL ANGLE OF 03002'00", THENCE NORTH 78°37'57" EAST A DISTANCE OF 148.96 FEET, TO A
POINT ALONG THE NORTHERLY PROPERTY LINE; THENCE SOUTH 89041'32" EAST A DISTANCE OF
98.86 FEET ALONG THE NORTHERLY PROPERTY LINE, TO THE NORTHEAST CORNER OF SAID
TRACT "X", LOCATED 10.00 FEET LEFT OF STATION 16+08.86 WHEN MEASURED AT RIGHT ANGLES
FROM THE POTTERY AVENUE RIGHT-OF-WAY REFERENCE LINE KNOWN AS THE RwP-LINE;
THENCE SOUTH OW48'35" WEST A DISTANCE OF 78.95 FEET ALONG THE EAST BOUNDARY LINE, TO
THE TRUE POINT OF BEGINNING.
TRACT "X"
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE -QUARTER CORNER BETWEEN
SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH ALONG
THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 544.99 FEET; THENCE SOUTH. 89-28.48"
WEST 10.00 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD AND THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89°28'48" WEST 160.00 FEET; THENCE NORTH 163.42 FEET;
THENCE SOUTH 43*00' WEST 303.07 FEET; THENCE SOUTH 38.81 FEET TO A POINT ON A
CURVE, ON THE NORTH MARGIN OF THE COUNTY ROAD, WHOSE RADIUS POINT BEARS
SOUTH 1208'05" EAST 746.20 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE 151.27 FEET; THENCE NORTH 89°28'48" EAST 21637 FEET TO T14E WEST MARGIN OF
POTTERY HILL ROAD; THENCE NORTH 80.00 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT PROPERTY IN COUNTY ROAD NO. 132.
TOTAL AREA OF SAID ACQUISITION CONTAINING 21,757 SQUARE FEET, MORE OR LESS.
Ordinance No. oo6-12
Ordinance No. oo6-12
TREMONT STREET WIDENING
PARCEL NO. 1-012
TAX PARCEL 34240140162001 SIT "Bn
KITSAP COUNTY
SLOPE EASEMENT
SLOPE EASEMENT DESCRIPTION:
THAT PORTION OF TRACT "X" LYING NORTHERLY OF TREMONT STREET, LOCATED IN THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH, RANGE
I EAST, WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30.00 FEET LEFT OF STATION 79+33.84 WHEN MEASURED AT RIGHT
ANGLES FROM THE TREMONT STREET RIGHT-OF-WAY REFERENCE LINE KNOWN AS THE RwT-
LINE, SAID POINT BEING THE SOUTHWEST CORNER OF SAID TRACT "X"; THENCE NORTH 00°50'40"
EAST A DISTANCE OF 16.82 FEET ALONG THE WEST BOUNDARY LINE OF SAID TRACT "X", TO AN
ANGLE POINT ALONG THE WEST BOUNDARY LINE LOCATED 46.43 FEET LEFT OF STATION 79+37.25
WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH 43"50'40" EAST A
DISTANCE OF 26.20 FEET ALONG THE WEST BOUNDARY LINE, TO THE BEGINNING OF A NON -
TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 205850 FEET AND WHOSE CENTER BEARS
SOUTH 16°43'31" EAST; SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 108.98 FEET THROUGH A
CENTRAL ANGLE OF 03002'W', TO A POINT LOCATED 79.44 FEET LEFT OF STATION 80+55.00 WHEN
MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH 78°37'57" EAST A DISTANCE
OF 148.96 FEET, TO A POINT ALONG THE NORTH BOUNDARY LINE LOCATED 108.96 FEET LEFT OF
STATION 81+97.80 WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE NORTH
8904 1'32"WEST A DISTANCE OF 61.49 FEET ALONG THE NORTH BOUNDARY LINE, TO AN ANGLE
POINT ALONG THE NORTH BOUNDARY LINE LOCATED 108.97 FEET LEFT OF STATION 81+36.32
WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE SOUTH 77°03'32" WEST A
DISTANCE OF 89.19 FEET, TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, HAVING A
RADIUS OF 2068.50 FEET AND WHOSE CENTER BEARS SOUTH 13041'31" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 91.91 FEET THROUGH A CENTRAL ANGLE
OF 02°32'45", TO A POINT LOCATED ALONG THE WESTERLY BOUNDARY LINE; THENCE SOUTH
43950'40" WEST A DISTANCE OF 20.20 FIST ALONG THE WESTERLY BOUNDARY LINE, TO THE
TRUE POINT OF BEGINNING.
TRACT "X"
A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KPTSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE -QUARTER CORNER BETWEEN
SECTIONS 34 AND 35, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH ALONG
THE EAST LINE OF SAID SECTION 34, A DISTANCE OF 544.99 FEET; THENCE SOUTH 8928'48"
WEST 1.0.00 FEET TO THE WEST MARGIN OF POTTERY HILL ROAD AND THE TRUE POINT OF
BEGINNING; THENCE SOUTH 89°28'48" WEST 160.00 FEET; THENCE NORTH 163.42 FEET;
THENCE SOUTH 43000' WEST 303.07 FEET; THENCE SOUTH 38.81 FEET TO A POINT ON A
CURVE, ON THE NORTH MARGIN OF THE COUNTY ROAD, WHOSE RADIUS POINT BEARS
SOUTH 12°8'05" EAST 746.20 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID
CURVE 151.27 FEET; THENCE NORTH 89'°28'48" EAST 216.57 FEET TO THE WEST MARGIN OF
POTTERY HILL ROAD; THENCE NORTH 80.00 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT PROPERTY IN COUNTY ROAD NO. 132.
TOTAL AREA OF SAID EASEMENT CONTAINING 2,377 SQUARE FEET, MORE OR LESS.
Ordinance No. oo6-12
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held March 27, 2012.
ORDINANCE NO. oo6-12
AN ORDINANCE DECLARING AS PUBLIC USE AND NECESSITY THE
DESIGN AND CONSTRUCTION OF CERTAIN ROADWAY IMPROVEMENTS
ON TREMONT STREET AND AUTHORIZING THE CONDEMNATION OF
LAND IN AND THROUGH CERTAIN REAL PROPERTY LOCATED AT 321
TREMONT STREET, PORT ORCHARD WASHINGTON
Copies of Ordinance No. 006-12 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 006-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Kitsap Sun
March 30, 2012