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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