HomeMy WebLinkAbout4724 Ordinance - Authorizing Condemnation at Broadmoor & Sandifur Parkway IntersectionOrdinance Authorizing Condemnation - 1
ORDINANCE NO. 4724
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PASCO, WASHINGTON DECLARING PUBLIC USE AND
NECESSITY REGARDING THE CITY OF PASCO
BROADMOOR AND SANDIFUR PARKWAY INTERSECTION
IMPROVEMENT PROJECT, AND AUTHORIZING
CONDEMNATION
WHEREAS, the City of Pasco is involved in a project to make certain improvements to, in,
on and under Broadmoor and Sandifur Parkway Intersection; and
WHEREAS, efforts have been made to obtain properties which need to be acquired in
connection with the project, including having the property appraised and trying to negotiate
reasonable amounts of compensation to be paid for the property to be acquired; and
WHEREAS, those efforts have not been successful in securing the acquisition of all of the
property necessary for the Project; and
WHEREAS, because of the importance of the City of Pasco Broadmoor and Sandifur
Parkway Intersection Improvement Project as a part of the City's utility and right-of-way
infrastructure system, and because the improvements are necessary to complete the intended project
work, and because of the importance of the improvements to be made, acquisition of additional
property is necessary for the project and for completion of the public uses of the project; and
WHEREAS, in accordance with Section 8.25.290 of the Revised Code of Washington, the
City of Pasco passed Resolution No. 4467 on July 1, 2024, giving notice of an intent to employ
eminent domain to acquire property in connection herewith.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN as follows:
Section 1. Legal Description. That a portion of the property identified on the document attached
hereto, marked as Exhibit A and incorporated herein by this reference, is necessary for the City of
Pasco Broadmoor and Sandifur Parkway Intersection Improvement Project, and has a public use in
connection with the improvements to be made as a part of the Project.
Section 2. Public Use and Necessity. The public convenience, use, and necessity, demand the
acquisition of the real property described in Section 1 herein for construction and maintenance of the
Broadmoor and Sandifur Parkway Intersection Improvement Project and for use by the public for
public transportation needs.
Ordinance Authorizing Condemnation - 2
Section 3. Condemnation of Property. The real property described in Section 1 herein is
hereby condemned and appropriated and taken for the purposes described in Section 2 herein, only
after just compensation has been made, or paid into the court for the owner thereof in a manner
provided by law.
Section 4. Costs of Acquisition. That the compensation to be paid to the owners of the property
to be acquired by the condemnation action shall be paid from the General Fund of the City.
Section 5. Direction to and Authority of City Attorney. That the City Attorney and/or
designee(s) is/are authorized to commence condemnation action to acquire the property identified on
the Exhibit A, and to take such other action and/or implement such other administrative procedures
as may be necessary to carry out the directives of this legislation.
Section 6. Severability - Construction
(1) If a section, subsection paragraph, sentence, clause, or phrase of this ordinance is
declared unconstitutional or invalid for any reason by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance.
(2) If the provisions of this ordinance are found to be inconsistent with other
provisions of the Pasco Municipal Code, this ordinance is deemed to control.
Section 7. Corrections. Upon approval by the city attorney, the city clerk or the code reviser
are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or
clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering
or referencing of ordinances or their sections and subsections.
Section 8. Effective Date. That this Ordinance shall take effect and be in full force and effect
upon passage and signatures hereon, and five days after publication as required by law.
Ordinance Authorizing Condemnation - 3
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this 19th day of August, 2024.
Approved as to Form:
______________________________
Kerr Ferguson Law, PLLC
City Attorneys
______________________________
Pete Serrano, Mayor
Attest:
______________________________
Debra Barham, MMC
City Clerk
PUBLISHED: August 25, 2024
Ordinance Authorizing Condemnation - 4
EXHIBIT “A”
PROPERTY TO BE ACQUIRED
A variable width strip of land located in the southwest quarter of the northwest corner of Section 8,
Township 9 North, Range 29 East of the Willamette Meridian, City of Pasco, Franklin County,
Washington described as follows;
Beginning at the northwest corner of Lot 1 of Binding Site Plan Number 96-3 recorded under
Franklin County Auditor's File Number 530271; Thence North 89˚ 56'13" East along the north
boundary of said Lot 1 being coincident with the southerly right of way of Sandifur Parkway a
distance of 145.04 feet to a point of curvature with a tangent curve turning to the right, having a
radius of 549.00 feet; thence along said curve and continuing along said coincident boundary, having
an arc length of 89.04 feet, with a delta angle of 09°17'34", a chord bearing of South 85˚ 25’17”
East. And a chord length of 88.94 feet to a point of reverse curvature turning to the left, having a
radius of 460.04 feet; the radius point of which bears South 05°40'43" West; thence along said curve,
having an arc length of 46.06 feet, with a delta angle of 05˚ 44’11”, a chord bearing of North 87˚
11'22" West, and a chord length of 46.04 feet; thence South 89°56'32” West a distance of 92.70 feet;
Thence South 82˚ 09'07" West a distance of 66.09 feet to a point of curvature with a tangent curve
turning to the left, having a radius of 55.01 feet; thence along said curve, having an arc length of
33.08 feet, with a delta angle of 34˚ 27'30", a chord bearing of South 64°55'23" West, and a chord
length of 32.58 feet to the west boundary of said Lot 1 being coincident with the easterly right of
way of Broadmoor Boulevard; Thence North 00˚ 03’10” West along said coincident boundary a
distance of 18.60 feet; thence North 00˚ 03'02" West continuing along said coincident boundary a
distance of 9.01 feet to the Point of Beginning.
Having an area of 1,672 square feet, 0.04 acres, more or less.
Subject to easements, reservations, and restrictions of record.
County Tax Parcel No. 115430017