005-12 - Ordinance - Roadway Improvements on Tremont St and Condemnation of Land Located at 1519 Roland AvenueRequested by:
Drafted by:
Introduced by:
Public Hearing:
Adopted:
ORDINANCE NO. oo5-12
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 1519 ROLAND AVENUE, PORT
ORCHARD WASHINGTON
Assessor's Tax Parcel Number: 4038-002-002-0101
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 20o8;
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.005-12
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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 4038-o02-002-o1o1, 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, James and Paulette Colebank are the owners of Kitsap County
Assessor's Parcel Number 4038-002-002-0101, commonly referred to as 1519 Roland
Avenue; James Colebank, an elected official of the City of Port Orchard, and Paulette
Colebank have entered into a Voluntary Possession and Use Agreement with the City but
the Colebanks 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, because of James Colebank's status as an elected official, the City
Council wishes to ensure that the final total just compensation paid to him and Paulette
Colebank 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
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
Ordinance No.o05-12
Page 3 of 8
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 i. Each of the recitals above is hereby adopted as a finding 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 & To accomplish construction of the Tremont Street Widening Project it
is necessary to purchase fee title to a portion of Kitsap County Assessor's Parcel Number
4038-002-002-0101 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.005-12
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 Tem and attested by the Clerk in authentication of such passage this 27th day of March
2012.
ATTEST:
Brandy Rinearson, CMC, Interim City Clerk
APPROVED AS TO FORM:
e A. Ja o y, Ci orney.
Sponsored by:
Robert Putaansuu, Councilmember
Ordinance No. 005-12
TREMONT STREET WIDENING
PARCEL NO, 1-042 EXMIT, OAR
TAX PARCEL40380020020101
KITSAP COUNTY
RIGHT-OF-WAY ACQUISITION
RIGHT-OF-WAY ACQUISITION DESCRIPTION:
THE NORTH 14.00 FEET OF TRACT "X" LYING SOUTHERLY OF TREMONT STREET, LOCATED IN THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE
I EAST, WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON.
TRACT "X"
THAT PORTION OF LOTS 2, 3, AND 5, BLOCK 2, HAYWARD'S HOME TRACTS, ACCORDING
TO THE PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 46, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF LOP 5, SAID BLOCK 2, WITH THE
SOUTH LINE OF COUNTY ROAD KNOWN AS ALDER ROAD EXTENSION TO TREMONT
STREET, AS CONVEYED TO KITSAP COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE
NO.676506; THENCE WEST ALONG THE SOUTH LINE OF SAID ROAD, 135 FEET; THENCE
SOUTH 180 FEET; THENCE EAST 135 FEET TO THE EAST LINE OF SAID LOT 5; THENCE
NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING
TOTAL AREA OF SAID ACQUISITION CONTAINING 1,889 SQUARE FEET, MORE OR LESS.
Ordinance No. 005-12
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Ordinance No. 005-12
TREMONT STREET WIDENING
PARCEL NO. 1-042 RxmlT'w
TAX PARCEL 4038002002010I
KITSAP COUNTY
SLOPE EASEMENT
SLOPE EASEMENT DESCRIPTION:
THAT PORTION OF TRACT "X" LYING SOUTH OF TREMONT STREET, LOCATED 1N THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE I EAST,
WILLAMETTE MERIDIAN, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 30.00 FEET RIGHT OF STATION 87+95.44 WHEN MEASURED AT RIGHT
ANGLES FROM THE TREMONT-STREET RIGHT-OF-WAY REFERENCE LINE KNOWN AS THE RwT-
LINE, SAID POINT BEING THE NORTHEAST CORNER OF SAID TRACT "X' ; THENCE SOUTH 00048'35"
WEST A DISTANCE OF 14.00 FEET ALONG THE EAST BOUNDARY LINE, TO A POINT LOCATED 44.00
FEET RIGHT OF STATION 87+95.31 WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE,
SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°42'07" WEST A DISTANCE OF 75.31 FEET ALONG A LINE OFFSET 14.00 FEET AND
PARALLEL TO THE NORTH BOUNDARY LINE, TO A POINT LOCATED 44.00 FEET RIGHT OF STATION
87+20.00 WHEN MEASURED AT RIGHT ANGLES FROM THE RwT-LINE; THENCE SOUTH W17'53"
WEST A DISTANCE OF 2.00 FEET; THENCE SOUTH 89°42'07"EAST•A DISTANCE OF 75.29 FEET ALONG
A LINE OFFSET 16.00 FEET AND PARALLEL TO THE NORTH BOUNDARY LINE, TO A POINT ALONG
THE EAST BOUNDARY LINE LOCATED 46.00 FEET RIGHT OF STATION 87+95.29 WHEN MEASURED
AT RIGHT ANGLES FROM, THE RwT-LINE; THENCE NORTH 00°48'35" EAST A DISTANCE OF 2.00 FEET
ALONG THE EAST BOUNDARY LINE, TO THE TRUE POINT OF BEGINNING.
TRACT "X"
THAT PORTION OF LOTS 2, 3, AND 5, BLOCK 2, HAYWARD'S HOME TRACTS, ACCORDING
TO THE PLAT RECORDED IN VOLUME 6 OF PLATS, PAGE 46, RECORDS OF KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS.
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF LOT 5, SAID BLOCK 2, WITH THE
SOUTH LINE OF COUNTY ROAD KNOWN AS ALDER ROAD EXTENSION TO TREMONT
STREET, AS CONVEYED TO KITSAP COUNTY BY DEED RECORDED UNDER AUDITOR'S FILE
NO.676506; THENCE WEST ALONG THE SOUTH LINE OF SAID ROAD, 135 FEET; THENCE
SOUTH 180 FEET; THENCE EAST 135 FEET TO THE EAST LINE OF SAID LOT 5; THENCE
NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING.
TOTAL AREA OF SAID EASEMENT CONTAINING 151 SQUARE FEET, MORE OR LESS.
Ordinance No. 005-12
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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. 005-12
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 i51g
ROLAND AVENUE, PORT ORCHARD WASHINGTON
Copies of Ordinance No. 005-12 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. 005-12 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Kitsap Sun
March 30, 2012